State ex rel. Duncan v. Chippewa Twp. Trustees

In State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728, 1995 Ohio 272, 654 N.E.2d 1254, the Ohio Supreme Court set forth our standard of review in this situation: "When a party objecting to a referee's report has failed to provide the trial court with the evidence and documents by which the court could make a finding independent of the report, appellate review of the court's findings is limited to whether the trial court abused its discretion in adopting the referee's report, and the appellate court is precluded from considering the transcript of the hearing submitted with the appellate record. In other words, an appeal under these circumstances can be reviewed by the appellate court to determine whether the trial court's application of the law to its factual findings constituted an abuse of discretion." Id. at 730.