Miller v. Miller

Preliminarily, we concur in the court of appeals’ judgment below that the adoption of the referee’s report by the trial court constituted an abuse of discretion. As this court observed in Blakemore v. Blakemore (1983), 5 Ohio St. 3d 217, 219, 5 OBR 481, 482, 450 N.E. 2d 1140, 1142:

“ ‘The term “abuse of discretion” connotes more than an error of law or *74judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable. * * * [Citations omitted.]’ ”

No doubt, a review of some of the pertinent passages of the referee’s report set forth in the footnote, supra, reveals an…