Wolf Automotive v. Rally Auto Parts, Inc.

Whiteside, Presiding Judge.

Plaintiff, Wolf Automotive, appeals from a judgment of the Franklin County Court of Common Pleas and raises a single assignment of error, as follows:

“The Common Pleas Court erred in approving and adopting the findings, conclusions and recommendations of the referee’s report because the referee exceeded his discretion by denying leave to amend the complaint and granting an involuntary dismissal since the evidence showed plaintiff-appellant was entitled to relief on claims that were proven but not pled.”

Plaintiff brought this action seeking to recover $16,637.93 upon…