Cobb v. Cobb

In refusing to review appellants’ assignments of error, the Court of Appeals cited Ray v. Columbus (1956), 76 Ohio Law Abs. 97, 99, for the proposition that “[t]he obligation is upon the appellant to exemplify any error assigned.” While this is true as a general principle, it merely begs the question of whether, in this instance, appellants should suffer because of the apparent nonfeasance of the trial court clerk in failing to transmit pertinent elements of the record.

Resolution of this issue involves interpretation of the Appellate Rules. App. R. 10(A) provides, inter alia, that “***[a]fter…