Kinney v. Mathias

The sole issue presented by this case is whether the court of appeals erred in finding that the trial court’s holding denying Mathias the defense of laches was clearly against the manifest weight of the evidence. This court concludes that the judgment of the trial court was supported by competent, credible evidence and, therefore, the court of appeals erred in reversing that judgment.

The law in Ohio is clear that an appellate court will not disturb the findings of the trier of fact unless they are against the manifest weight of the evidence. Landis v. Kelly (1875), 27 Ohio St. 567; State, ex…