[Cite as In re Z.B., 2011-Ohio-2936.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 96304
IN RE: Z.B.
(A Minor Child)
JUDGMENT:
AFFIRMED
Civil Appeal from the
Cuyahoga County Common Pleas Court
Juvenile Court Division
Case No. SU 09713855
BEFORE: E. Gallagher, J., Sweeney, P.J., and Rocco, J.
RELEASED AND JOURNALIZED: June 16, 2011
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FOR APPELLANT
Mother, T.B., pro se
25440 Chatworth Drive
Euclid, Ohio 44117
ATTORNEY FOR APPELLEE
Thomas Banks
1148 Plainfield Road
South Euclid, Ohio 44121
ATTORNEY FOR C.S.E.A.
Joseph C. Young
Assistant County Prosecutor
C.S.E.A.
1910 Carnegie Ave., 2nd Floor
Cleveland, Ohio 44115
EILEEN A. GALLAGHER, J.:
{¶ 1} This case came to be heard upon the accelerated calendar
pursuant to App.R. 11.1 and Loc.R. 11.1.
{¶ 2} T.B. appeals from the decision of the trial court, overruling her
objections to the magistrate’s opinion. The appellant argues the magistrate
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erred in overruling her objections and in failing to conduct a hearing. For
the following reasons, we affirm the decision of the trial court.
{¶ 3} In putting forth this argument, appellant fails to cite to any legal
authority for her claims, a failure that allows this court to disregard her
arguments. App.R. 12(A)(2); App.R. 16(A)(7); State v. Martin (July 12,
1999), Warren App. No. CA99-01-003, citing Meerhoff v. Huntington Mtge.
Co. (1995), 103 Ohio App.3d 164, 658 N.E.2d 1109; Siemientkowski v. State
Farm Ins., Cuyahoga App. No. 85323, 2005-Ohio-4295. “If an argument
exists that can support this assigned error, it is not this court’s duty to root it
out.” Cardone v. Cardone (May 6, 1998), Summit App. Nos. 18349 and
18673.
{¶ 4} Moreover, in filing the instant appeal, appellant failed to file a
transcript of proceedings. “In the absence of a record, the proceedings at
trial are presumed correct.” State v. Brown (1988), 38 Ohio St.3d 305, 528
N.E.2d 523. As the court stated in Knapp v. Edwards Laboratories (1980),
61 Ohio St.2d 197, 400 N.E.2d 384:
{¶ 5} “The duty to provide a transcript for appellate review falls upon
the appellant. This is necessarily so because an appellant bears the burden
of showing error by reference to matters in the record. * * * When portions of
the transcript necessary for resolution of assigned errors are omitted from
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the record, the reviewing court has nothing to pass upon and thus, as to
those assigned errors, the court has no choice but to presume the validity of
the lower court’s proceedings, and affirm.”
{¶ 6} Further, “[i]f a transcript is ‘unavailable’ an appellant has an
obligation to provide a complete record pursuant to App.R. 9(C), (D) or (E).”
State v. Nero, Cuyahoga App. No. 79866, 2002-Ohio-656, quoting State v.
Newell (Dec. 6, 1990), Cuyahoga App. Nos. 56801 and 60128.
{¶ 7} In this instance, the appellant has not provided us with a
transcript or an App.R. 9 statement of these proceedings, we must therefore
presume regularity and summarily reject her assignment of error. See
Rosca v. Constantinescu, Cuyahoga App. No. 82493, 2004-Ohio-467.
Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas
court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the
Rules of Appellate Procedure.
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EILEEN A. GALLAGHER, JUDGE
JAMES J. SWEENEY, P.J., and
KENNETH A. ROCCO, J., CONCUR
APPENDIX
Assignment of Error:
I. “The trial court abused its discretion in denying the appellant’s motion to object
magistrate’s decision.”