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Fritz-Brown v. O'Neal

Court of Appeals of Ohio, Second District, Montgomery County
Jul 14, 2000
C.A. CASE NO. 18012, T.C. CASE NO. 99CVI2801 (Ohio Ct. App. Jul. 14, 2000)

Opinion

C.A. CASE NO. 18012, T.C. CASE NO. 99CVI2801.

Rendered July 14, 2000.

Danielle R. Fritz-Brown, P.O. Box 41692, Dayton, Ohio 45441-0692, Plaintiff-Appellee, Pro Se .

Dean W. O'Neal, 8402 Woodgrove Drive, Dayton, Ohio 45458, Defendant-Appellant, Pro Se .


OPINION


Defendant, Dean W. O'Neal, appeals from a judgment in the amount of one thousand dollars, plus costs, entered in favor of Plaintiff, Danielle Fritz.

Fritz filed a complaint against O'Neal in the small claims division of Kettering Municipal Court. Fritz alleged that O'Neal had damaged or destroyed household goods at her home, stolen her car keys, and "mail bombed" her computer.

A hearing was held on the claims before a magistrate on August 31, 1999. The magistrate made findings of fact and entered a decision in favor of Fritz on her claims for relief in the amount of one thousand dollars, plus costs. O'Neal filed objections. The court overruled O'Neal's objections and adopted the magistrate's decision. O'Neal filed a timely notice of appeal to this court.

O'Neal's brief on appeal fails to specify assignments of error in the form contemplated by App.R. 16(A). Nevertheless, it is clear from the arguments he presents that he challenges the correctness of the magistrate's findings that the trial court adopted, over O'Neal's objections. We cannot determine whether the court erred in that regard, however, because the record on appeal contains no transcript of the hearing before the magistrate. Therefore, we must presume the validity of the trial court's proceedings, and affirm. Knapp v. Edwards Laboratories (1980), 61 Ohio St.2d 197.

________________________________ GRADY, P.J.

BROGAN, J. and YOUNG, J., concur.


Summaries of

Fritz-Brown v. O'Neal

Court of Appeals of Ohio, Second District, Montgomery County
Jul 14, 2000
C.A. CASE NO. 18012, T.C. CASE NO. 99CVI2801 (Ohio Ct. App. Jul. 14, 2000)
Case details for

Fritz-Brown v. O'Neal

Case Details

Full title:DANIELLE R. FRITZ-BROWN, Plaintiff-Appellee v. DEAN W. O'NEAL…

Court:Court of Appeals of Ohio, Second District, Montgomery County

Date published: Jul 14, 2000

Citations

C.A. CASE NO. 18012, T.C. CASE NO. 99CVI2801 (Ohio Ct. App. Jul. 14, 2000)

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