Legal Opinion · Dissent
In Re Guardianship of Peck, Unpublished Decision (4-29-2005)
Ohio Court of Appeals
Decided April 29, 2005No. 2003-L-175Unpublished
1Dissent
{¶ 13} I respectfully dissent.
{¶ 14} The dispositive issue in this case is not whether the lower court could use a nunc pro tunc order to add an effective date to its June 21, 2002 judgment entry. Rather, the fundamental issue is whether the court below could make its June 21, 2002 judgment entry retroactive to the May 22, 2002 magistrate's decision or the magistrate's May 10, 2002 hearing.
{¶ 15} A magistrate's decision only becomes effective when adopted by the trial court. Civ.R. 53(E)(4)(a); In re Smith, 11th Dist. No. 2000-G-2321, 2001-Ohio-8753, 2001 Ohio App. LEXIS 5426, at *9 ("a…
2Cases cited5 opinions
- McKay v. McKayOhio Court of Appeals · 1985
- Buzzard v. Public Employees Retirement SystemOhio Court of Appeals · 2000
- Genevieve G. GEORGE, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1990
- Brown v. CumminsOhio Court of Appeals · 1997
- Hurst v. Liberty-Bel, Inc.Ohio Court of Appeals · 1997