Background
Landlord 29SC Four Pointe LP filed a forcible-entry-and-detainer action against tenant Jessica Brown, alleging that she failed to pay February 2026 rent. After Brown filed an answer and counterclaim, she filed a document in municipal court purporting to remove the case to federal court.
A municipal-court magistrate held a trial at which the landlord appeared but Brown did not. The magistrate found the notice to vacate proper and the nonpayment allegation proven, and recommended restitution of the premises. Brown timely objected, but the municipal court adopted the magistrate’s decision and entered a restitution judgment without ruling on those objections. Brown appealed both that judgment and a later entry stating the court lacked jurisdiction to act on her filings during the appeal.
The Court’s Holding
The Tenth District dismissed the appeal for lack of a final, appealable order. Under Ohio Civil Rule 53, a trial court must rule on timely objections to a magistrate’s decision. Because the municipal court adopted the decision without ruling on Brown’s timely objections, its March 4 restitution entry was not final and could not be reviewed on appeal.
The March 20 entry was likewise not final because it did not resolve the objections, adjudicate a substantive claim, grant or deny relief, or otherwise determine the parties’ rights. The appellate court therefore did not reach Brown’s argument that the municipal court should have halted proceedings because of her purported federal removal.
Key Takeaways
- A judgment adopting a magistrate’s decision is not final and appealable when timely objections remain unresolved.
- An appellate court must dismiss an appeal when no final order exists, even if the parties raise jurisdictional arguments on the merits.
- The case returns to municipal court to rule on Brown’s objections and then determine whether to adopt the magistrate’s decision.
Why It Matters
The decision underscores that trial courts must expressly dispose of timely magistrate objections before their judgment can support an appeal. Litigants challenging an eviction judgment must ensure that this procedural step has occurred before seeking appellate review.