Normandy Place Associates v. Beyer

The issue presented herein is whether the filing of a Civ. R. 53(E) objection to a referee’s report is a prerequisite for appellate review of a finding or recommendation made by a referee and adopted by a trial court. For the following reasons we hold that it is not.

Appellants contend that appellee’s failure to specifically object to certain language contained in the referee’s report precludes review of that question at the appellate level. Such an argument is predicated on the well-established rule regarding the preservation of a claim of error:

“Ordinarily, errors which arise during the…