MIELE v. RIBOVICH

No. 99-2117.

90 Ohio St.3d 439 (2000)

MIELE ET AL., APPELLANTS, v. RIBOVICH, APPELLEE.

Supreme Court of Ohio.

Decided December 27, 2000.


Attorney(s) appearing for the Case

Climaco, Lefkowitz, Peca, Wilcox & Garofoli Co., L.P.A., Thomas J. Tarantino and Michael P. Maloney, for appellants.

Uche Mgbaraho, for appellee.

Vorys, Sater, Seymour & Pease, L.L.P., Gerald P. Ferguson and John J. Todor; and Thomas J. Bamburowski, urging reversal for amicus curiae, Ohio Association of Magistrates.


ALICE ROBIE RESNICK, J.

The question presented for our determination involves the applicability of Civ.R. 53(E) to procedure in forcible entry and detainer actions, and whether, in such an action, the trial court errs when it approves and confirms a magistrate's decision that is devoid of factual findings.

"Forcible entry and detainer, as authorized in R.C. Chapter 1923, is a summary proceeding in which `any judge of a county court' may make inquiry...

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