Summit Gardens Assn. v. Lemongelli, 2006-P-0050 (12-14-2007)

{¶ 63} I respectfully dissent.

{¶ 64} Since appellant filed specific factual and legal objections to the magistrate's decision granting relief from judgment, pursuant to Civ.R. 60(B), the trial court, prior to adoption of the magistrate's decision, was required, by Civ.R. 53(D)(4)(d) "to independently review the decision." In re Gibbs (Mar. 13, 1998), 11th Dist. No. 97-L-067, 1998 Ohio App. LEXIS 997, at *11; Civ.R. 53(D)(4)(d) ("If one or more objections to a magistrate's decision are timely filed, the court shall rule on those objections. In ruling on objections, the court shall undertake an…