R.H. Macy & Co. v. Otis Elevator Co.

As a preliminary matter, Macy contends that the court of appeals could not properly consider the affidavit of Judge Rüey which was executed after the jury verdict and which was not part of the trial court record. We find that the court of appeals improperly relied on the affidavit, although our finding is not dispositive of the present appeal.

In State v. Ishmail (1978), 54 Ohio St. 2d 402, 405-406, 8 O.O. 3d 405, 407, 377 N.E. 2d 500, 502, we stated that:

“Since a reviewing court can only reverse the judgment of a trial court if it finds error in the proceedings of such court, it follows that…