Gray v. Nunez, L-08-1276 (3-6-2009)

DECISION AND JUDGMENT

{¶ 1} This is an appeal from a judgment of the Toledo Municipal Court, Small Claims Division, in which the trial court dismissed a complaint filed by appellant, Marvin L. Gray, and granted a counterclaim filed by appellee, Olga Nunez, in an action for breach of contract. On appeal, appellant sets forth the following assignment of error:

{¶ 2} "The magistrate's recommendation, as affirmed by the trial court in response to Gray's objections, constitutes an abuse of discretion."

{¶ 3} On June 25, 2007, appellant and appellee entered into an agreement whereby appellant was to…