Does Erroneous Magistrate's Order Divest Juvenile Court of Jurisdiction ?
In In re J.J., Cuyahoga App. No. 86276, 2005 Ohio 6096, the Court held that the magistrate's order transferring the case to a visiting judge divested the juvenile court of jurisdiction and rendered subsequent proceedings void.
As a result of our holding, we further declined to address several assignments of error presented by the parties as moot.
In In re J.J., 111 Ohio St.3d 205, 2006 Ohio 5484, 855 N.E.2d 851, the Supreme Court reversed our decision and held that the erroneous magistrate's order did not divest the juvenile court of jurisdiction.
The court further determined that, Donald Murphy ("appellant") waived the error for purposes of appellate review because he failed to object at any time during the proceedings to the magistrate's order.
Accordingly, the Supreme Court remanded this case to this court for consideration of the assignments of error previously found moot.