Legal Opinion

Brown v. Cummins

Ohio Court of Appeals

Decided June 25, 1997No. L-97-1211PublishedCited by 6 opinions

1Per curiam

This case is before the court sua sponte. On June 6, 1997, appellant filed a notice of appeal from a “Magistrate’s Decision with Judgment Entry and Interim Order.”

We note that the magistrate’s decision in this case contains “orders” that are void because the magistrate has no power to enter such orders. First, the magistrate states that his decision is to take effect immediately as an interim order because immediate relief is justified. Next, the magistrate states that his decision shall become a final order without further journalization if objections have not been filed within a certain…

2Cases cited1 opinion

  1. Atkinson v. Grumman Ohio Corp.Ohio Supreme Court · 1988

3Cited by6 opinions

  1. Harkai v. Scherba Industries, Inc.Ohio Court of Appeals · 2000
  2. In Re GreerUnited States Bankruptcy Court, N.D. Ohio · 1999
  3. Grahams Used Car Outlet v. StutchmanOhio Court of Appeals · 2013
  4. Leader Mtge. Co. v. Long, 88417 (5-24-2007)Ohio Court of Appeals · 2007
  5. In Re Estate of BishopOhio Court of Appeals · 2006

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