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Tyler v. Walker

2026-08-18

Summary

Holding. The trial court's judgment awarding Tyler $3,443.00 in damages was affirmed because Walker failed to provide the hearing transcript necessary for appellate review, requiring the court to presume the validity of the lower court's proceedings.

Crystal Tyler filed a small claims action against Robert Walker after he refused to return personal property—including a couch, refrigerator, washer, dryer, grill, power washer, and trampoline—when she moved out of their shared residence. A magistrate found that Tyler had proven ownership of the items and awarded her $3,443.00 in damages, reflecting a 15% depreciation adjustment. Walker objected, asserting that Tyler had gifted him the property and that the valuation was improper, but the trial court denied his objections and adopted the magistrate's decision.

On appeal, Walker raised seven arguments challenging the judgment, but the appellate court could not review them because Walker failed to file the hearing transcript required for appellate review. Walker attempted to substitute an App.R. 9(C) statement of evidence and attached exhibits, but these did not comply with procedural requirements and could not be considered by the court. Without a complete record, the appellate court was required to presume the regularity of the trial court's proceedings and affirm the judgment.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Requirement to file hearing transcript for appellate review
  • Consequences of failing to provide complete record on appeal
  • Propriety of supplementing record with exhibits not presented at trial
  • Compliance with App.R. 9(C) procedures for statement of evidence

Procedural posture

Walker appealed the Toledo Municipal Court's judgment in favor of Tyler on a small claims action for recovery of personal property.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

[Cite as Tyler v. Walker, 2026-Ohio-3196.]

IN THE COURT OF APPEALS OF OHIO

SIXTH APPELLATE DISTRICT

LUCAS COUNTY

Crystal Tyler Court of Appeals No. {48}L-26-00055

Appellee Trial Court No. CVI-25-15679

v.

Robert Walker DECISION AND JUDGMENT

Appellant Decided: August 18, 2026

*****

Lucinda J. Weller, for appellee.

Robert Walker, pro se, appellant.

*****

SULEK, J.

{¶ 1} Appellant Robert Walker appeals the judgment of the Toledo Municipal

Court finding in favor of appellee Crystal Tyler on her small claims action and awarding

her $3,443.00 in damages. For the reasons that follow, the trial court’s judgment is

affirmed.

I. Factual Background and Procedural History

{¶ 2} On September 15, 2025, Tyler filed a small claims complaint against

Walker, alleging that she moved out of their residence and left behind several items. She obtained a civil protection order against Walker, and when she went with the police to

retrieve her items, Walker refused to return her couch, refrigerator, washer and dryer,

grill, power washer, and trampoline. Tyler sought damages of $4,050.00 plus court costs.

{¶ 3} The matter proceeded to a hearing before a magistrate on November 24,

2025. Following the hearing, the magistrate entered a decision finding that Tyler proved

that the items were her personal property. The magistrate awarded her judgment in the

amount of $3,443.00 plus costs, which reflected a 15% deduction for depreciation in the

value of the items.

{¶ 4} Walker objected to the magistrate’s decision, claiming that the evidence

showed that Tyler gave the property to him. He further argued that the value of the

property did not reflect the condition of the property and the damage she caused to it.

Tyler opposed the objections. Notably, the trial court’s docket does not reflect that

Walker requested or provided a transcript of the hearing as required by Civ.R.

53(D)(3)(b)(iii).

{¶ 5} On February 17, 2026, the trial court denied Walker’s objections and

adopted the magistrate’s decision. It awarded judgment in favor of Tyler in the amount

of $3,443.00 plus costs.

II. Assignments of Error

{¶ 6} Walker now appeals the trial court’s February 17, 2026 decision. He has not

identified assignments of error as required by App.R. 16(A)(3), but he does list seven

arguments:

1. The Judgment is Against the Manifest Weight of the Evidence.

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2. Appellee Voluntarily Relinquished or Gifted the Disputed Items.

3. Appellee Retained Access and Failed to Mitigate.

4. Appellee’s Trampoline Claim Fails for Lack of Causation.

5. Appellee Used Improper Valuation and Failed to Prove Fair

Market Value.

6. Appellant Sold Higher-Value Property to Accommodate Appellee.

7. Appellee’s Items Were Inferior in Condition and Value.

III. Analysis

{¶ 7} Each of Walker’s arguments require an examination of the record and the

facts that were presented during the hearing before the magistrate. Walker, however, has

failed to request or file the transcript of that hearing.

{¶ 8} “It is well-established that an appellant is required to file a transcript for our

review.” Polk v. Polk, 2026-Ohio-1630, ¶ 18 (6th Dist.), citing Knapp v. Edwards

Laboratories, 61 Ohio St.2d 197, 199 (1980); see also App.R. 9(B)(3) (“The appellant

shall order the transcript in writing and shall file a copy of the transcript order with the

clerk of the trial court.”). “This is necessarily so because an appellant bears the burden of

showing error by reference to matters in the record.” Id., quoting Knapp at 199.

“Without a transcript, a reviewing court must presume the regularity of the proceedings

in the trial court.” Id., citing Lavelle v. Lavelle, 2012-Ohio-6197, ¶ 7 (10th Dist.).

{¶ 9} Walker attempts to avoid this result by including in his amended appellate

brief an App.R. 9(C) statement of the evidence. His attempt, however, fails to comply

with App.R. 9(C)(1)’s requirements that it be served on Tyler “no later than twenty days

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prior to the time for transmission of the record pursuant to App.R. 10,” and that it “be

forthwith submitted to the trial court for settlement and approval.” As such, this court

cannot consider Walker’s proposed App.R. 9(C) statement of the evidence.

{¶ 10} Walker also attempts to supplement the record by appending to his

amended appellate brief 21 exhibits consisting of photographs, text messages, receipts,

and online marketplace listings. But “this court cannot consider any exhibits attached to

a party’s briefs that were not made part of the trial court’s record.” Landis Properties 1,

LLC v. Sheehan, 2024-Ohio-2755, ¶ 14 (6th Dist.), citing Salpietro v. Salpietro, 2023-Ohio-169, ¶ 9 (6th Dist.). Without a complete record including a transcript from the

hearing before the magistrate, this court cannot determine whether Walker’s exhibits

were presented in the trial court. As such, this court cannot consider them.

{¶ 11} In sum, “[w]hen portions of the transcript necessary for resolution of

assigned errors are omitted from 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.” Knapp at 199. See also Polk at ¶ 18; Yates

v. Rigby, 2026-Ohio-732, ¶ 14 (10th Dist.) (“Without a complete transcript of the

proceedings, a statement of the evidence pursuant to App.R. 9(C), or an agreed statement

pursuant to App.R. 9(D), an appellate court has no alternative but to presume the

regularity of the proceedings and the validity of the judgment in the trial court.”).

{¶ 12} Accordingly, because Walker failed to file a transcript and record of the

proceedings, this court cannot review his claims and must affirm the trial court’s

judgment. His assignments of error are not well-taken.

4.

IV. Conclusion

{¶ 13} For the foregoing reasons, the judgment of the Toledo Municipal Court is

affirmed. Walker is ordered to pay the costs of this appeal pursuant to App.R. 24.

Judgment affirmed.

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.

Christine E. Mayle, J. ____________________________

JUDGE

Myron C. Duhart, J.

Charles E. Sulek, J. JUDGE

CONCUR.

JUDGE

This decision is subject to further editing by the Supreme Court of

Ohio’s Reporter of Decisions. Parties interested in viewing the final reported

version are advised to visit the Ohio Supreme Court’s web site at:

http://www.supremecourt.ohio.gov/ROD/docs/.

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