[Cite as Pierce v. Louis Elec., 2013-Ohio-4151.]

COURT OF APPEALS 

STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

FLETCHER PIERCE 

 Plaintiff-Appellant 

-vsLOUIS ELECTRIC 

 Defendant-Appellee 

JUDGES: 

Hon. W. Scott Gwin, P. J. 

Hon. John W. Wise, J. 

Hon. Craig R. Baldwin, J. 

Case No. 2013 CA 00052 

O P I N I O N 

CHARACTER OF PROCEEDING: Civil Appeal from the Canton Municipal 

Court, Case No. 2013 CVI 00167 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: September 23, 2013 

APPEARANCES: 

For Plaintiff-Appellant For Defendant-Appellee 

FLETCHER PIERCE, PRO SE JOHN A. TSCHOLL 

809 Lawrence Road NE 1400 Market Avenue North 

Canton, Ohio 44704 Canton, Ohio 44714 
Stark County, Case No. 2013 CA 00052 2

Wise, J. 

{¶1} Appellant Fletcher Pierce appeals the decision of the Canton Municipal 

Court, Stark County, which granted judgment in favor of Appellee Joseph Louis, dba 

Louis Electric, in a small claims action concerning a dispute over a residential rewiring 

agreement. The relevant facts leading to this appeal are as follows. 

{¶2} On January 9, 2013, Appellant Pierce filed a small claims complaint in the 

trial court, claiming that he had an oral contract with appellee to rewire a house on 

Lawrence Road NE in compliance with the pertinent building codes, provide separate 

electric service capability on the first and second floors, and add 220-volt service. 

{¶3} The trial court scheduled a hearing before a magistrate for January 30, 

2013. On February 8, 2013, after hearing the evidence, the magistrate issued a decision 

in favor of appellee. 

{¶4} Appellant filed an objection to the magistrate’s decision on February 19, 

2013. The trial court thereupon overruled the objection and adopted the decision of the 

magistrate.

{¶5} Appellant filed a notice of appeal on March 13, 2013. Appellant filed his 

brief on May 13, 2013; appellee filed its brief on May 31, 2013. 

{¶6} Although appellant’s brief fails to comply with the Appellate Rules at 

numerous points,1

 in the interest of justice, we will interpret appellant’s assigned errors 

as follows: 

 

1

 Appellant’s brief lacks a statement of facts and statement of the case, and there 

appears to be no clear statement of separate assigned errors. In addition, the brief 

commences with a photocopy of appellant’s objection to the decision of the magistrate; 

we are unsure if appellant intends this document to be incorporated as part of his actual 

appellate arguments or if it is provided merely for reference purposes. We are cognizant 
Stark County, Case No. 2013 CA 00052 3

{¶7} “I. THE TRIAL COURT’S DECISION IN FAVOR OF APPELLEE WAS 

AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE. 

{¶8} “II. THE TRIAL COURT ERRED BY PERMITTING APPELLEE TO 

INTRODUCE CERTAIN DOCUMENTS REGARDING THE ELECTRICAL WORK AT 

ISSUE.” 

I. 

{¶9} In the First Assignment of Error, appellant argues the trial court’s decision 

in favor of appellee was against the manifest weight of the evidence. 

{¶10} Generally, a civil judgment which is supported by competent and credible 

evidence may not be reversed as against the manifest weight of the evidence. See 

State v. McGill, Fairfield App.No. 2004–CA–72, 2005–Ohio–2278, ¶ 18. In Eastley v. 

Volkman, 132 Ohio St.3d 328, 972 N.E.2d 517, 2012–Ohio–2179, the Ohio Supreme 

Court reiterated the following in regard to appellate review of manifest weight 

challenges in civil cases: “ ‘[I]n determining whether the judgment below is manifestly 

against the weight of the evidence, every reasonable intendment and every reasonable 

presumption must be made in favor of the judgment and the finding of facts. * * *.’ ” Id.

at 334, quoting Seasons Coal Co., Inc. v. Cleveland (1984), 10 Ohio St.3d 77, 80, 461 

N.E.2d 1273 (1984), fn. 3, quoting 5 Ohio Jurisprudence 3d, Appellate Review, Section 

603, at 191–192 (1978). A reviewing court must determine whether the finder of fact, in 

resolving conflicts in the evidence, clearly lost his way and created such a manifest 

miscarriage of justice that the judgment must be reversed and a new trial ordered. See 

 

that appellant is proceeding pro se; however, “[w]hile insuring that pro se appellants * * * 

are afforded the same protections and rights prescribed in the appellate rules, we 

likewise hold them to the obligations contained therein.” State v. Wayt (Mar. 20, 1991), 

Tuscarawas App.No. 90AP070045, 1991 W L 43005. 
Stark County, Case No. 2013 CA 00052 4

Hunter v. Green, Coshocton App.No. 12–CA–2, 2012–Ohio–5801, ¶ 25, citing Eastley, 

supra.

{¶11} A review of the record in the case sub judice indicates that appellant’s 

objection to the decision of the magistrate was not accompanied by a transcript of the 

trial before the magistrate, although such a transcript was prepared and filed for this 

appeal. We have held on numerous occasions that where an appellant fails to provide a 

transcript of the original hearing before the magistrate for the trial court's review, the 

magistrate's findings of fact are considered established. See, e.g., State v. Leite (April 

11, 2000), Tuscarawas App. No. 1999AP090054. The Ohio Supreme Court has 

determined that in such a situation, “*** the appellate court is precluded from 

considering the transcript of the hearing submitted with the appellate record.” See State 

ex rel. Duncan v. Chippewa Twp. Trustees (1995), 73 Ohio St.3d 728, 730, 654 N.E.2d 

1254. “[T]he reviewing court is only permitted to determine if the application of the law 

was proper or if it constituted an abuse of discretion.” Eiselstein v. Baluck, 7th Dist. 

Mahoning No. 11 MA 74, 2012-Ohio-3002, ¶ 18. Furthermore, “[t]here is no abuse of 

discretion on the part of the trial court in its decision to overrule objections to factual 

findings where the party objecting has failed to file a transcript.” Remner v. Peshek

(Sept. 30, 1999), Mahoning App.No. 97-CA-98, 1999 WL 803441 (additional citation 

omitted). 

{¶12} In this instance, the magistrate, having heard the testimony and reviewed 

the documents and exhibit photographs related to the rewiring, found that the testimony 

was in conflict and that no complete written documentation existed as to the parties’ 

agreement; hence, the magistrate was unable to determine the exact nature of the work 
Stark County, Case No. 2013 CA 00052 5

agreed to be completed. See Decision at 1. We find no error or abuse of discretion in 

the trial court’s application of the law to the magistrate’s findings of fact. Appellant's First 

Assignment of Error is therefore overruled. 

II. 

{¶13} In the Second Assignment of Error, appellant contends the trial court erred 

in allowing appellee to rely on “estimate” documents regarding the electrical work at 

issue. We disagree. 

{¶14} The admission or exclusion of evidence rests in the sound discretion of 

the trial court. State v. Sage (1987), 31 Ohio St.3d 173, 180. As a general rule, all 

relevant evidence is admissible. Evid.R. 402. Our task is to look at the totality of the 

circumstances and determine whether the trial court acted unreasonably, arbitrarily or 

unconscionably in regard to the disputed evidence. State v. Oman (Feb. 14, 2000), 

Stark App.No. 1999CA00027. Under Evid.R. 803(6), the following are excepted from the 

hearsay rule: “A memorandum, report, record, or data compilation, in any form, of acts, 

events, or conditions, made at or near the time by, or from information transmitted by, a 

person with knowledge, if kept in the course of a regularly conducted business activity, 

and if it was the regular practice of that business activity to make the memorandum, 

report, record, or data compilation, all as shown by the testimony of the custodian or 

other qualified witness ***.” 

{¶15} Based on our limited scope of review due to the lack of a transcript 

provided for the trial court’s consideration, we are unpersuaded that the allowance of 

the written estimates as business records evidence in this matter constituted an abuse 

of the trial court’s discretion. 
Stark County, Case No. 2013 CA 00052 6

{¶16} Accordingly, appellant's Second Assignment of Error is overruled. 

{¶17} For the foregoing reasons, the judgment of the Canton Municipal Court of 

Stark County, Ohio, is hereby affirmed. 

By: Wise, J. 

Gwin, P. J., and 

Baldwin, J., concur. 

 ___________________________________ 

 HON. JOHN W. WISE 

 ___________________________________ 

 HON. W. SCOTT GWIN 

 ___________________________________ 

 HON. CRAIG R. BALDWIN 

JWW/d 0909 
Stark County, Case No. 2013 CA 00052 7

IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

FLETCHER PIERCE : 

 : 

 Plaintiff-Appellant : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

LOUIS ELECTRIC : 

 : 

 Defendant-Appellee : Case No. 2013 CA 00052 

 For the reasons stated in our accompanying Memorandum-Opinion, the 

judgment of the Canton Municipal Court, Stark County, Ohio, is affirmed. 

 Costs assessed to appellant. 

 ___________________________________ 

 HON. JOHN W. WISE 

 ___________________________________ 

 HON. W. SCOTT GWIN 

 ___________________________________ 

 HON. CRAIG R. BALDWIN