Cottrell v. Ohio State Construction

I respectfully dissent from the disposition by the majority of the appellant’s first assigned error, and from the decision of the majority to reverse the judgment of the trial court on the issue of liability. The majority finds, based upon information de hors the record, that the trial court abused its discretion. I find, based upon the information contained in the record, that the trial court did not abuse its discretion, but rather enforced the letter of the Civil Rules.

It is fundamental that an appellate court is bound by the record before it. State v. Ishmail (1978), 54 Ohio St. 2d 402 [8…