Breach of Contract

The Ninth District affirmed a small claims judgment for a restoration company, holding that the defendant waived her Civ.R. 53(D)(3)(b) objection by failing to request findings of fact from the magistrate and that the contractual one-year limitation provision was properly rejected.

The Ninth District affirmed a $3 million cognovit judgment, holding that Civ.R. 60(B) relief from judgment was unavailable where the original judgment was not yet final due to unresolved attorney fees, and that Civ.R. 54(B) reconsideration was properly denied.