A.P.M. Technology, Inc. v. Ohio Penal Industries , 2011 Ohio 369 ( 2011 )

[Cite as A.P.M. Technology, Inc. v. Ohio Penal Industries, 2011-Ohio-369.]
Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
A.P.M. TECHNOLOGY, INC.
Plaintiff/Counter Defendant
v.
OHIO PENAL INDUSTRIES
Defendant/Counter Plaintiff
Case No. 2007-08899
Judge Joseph T. Clark
JUDGMENT ENTRY
{¶ 1} On November 30, 2010, the magistrate issued a decision recommending
judgment for defendant/counter plaintiff in the amount of $226,198. On December 22,
2010, defendant/counter plaintiff filed a motion for prejudgment interest.
{¶ 2} The Tenth District Court of Appeals has held that “the failure to include
prejudgment interest in the prayer for relief operates as a waiver of such a claim.”
Cugini & Capoccia Builders, Inc. v. Ciminello's, Inc., Franklin App. No. 06AP-210, 2006-
Ohio-5787, ¶34, citing Salvi v. Dunbar (Dec. 23, 1993), Franklin App. No. 93AP-1059;
G&S Mgmt. Co. v. Commercial Union Ins. Cos. (June 3, 1993), Franklin App. No. 92AP-
1429.
{¶ 3} Inasmuch as defendant/counter plaintiff’s prayer for relief did not seek a
specific award for prejudgment interest, nor did the remainder of the counterclaim
expressly seek prejudgment interest, such claim was waived. Id. Accordingly,
defendant/counter plaintiff’s motion for prejudgment interest is DENIED.
{¶ 4} Civ.R. 53(D)(3)(b)(i) states, in part: “A party may file written objections to
a magistrate’s decision within fourteen days of the filing of the decision, whether or not
Case No. 2007-08899 -2- JUDGMENT ENTRY
the court has adopted the decision during that fourteen-day period as permitted by
Civ.R. 53(D)(4)(e)(i).” No objections were filed.
{¶ 5} The court determines that there is no error of law or other defect evident
on the face of the magistrate’s decision. Therefore, the court adopts the magistrate’s
decision and recommendation as its own, including findings of fact and conclusions of
law contained therein. Judgment is rendered in favor of defendant/counter plaintiff in
the amount of $226,198. Court costs are assessed against plaintiff/counter defendant.
The clerk shall serve upon all parties notice of this judgment and its date of entry upon
the journal.
_____________________________________
JOSEPH T. CLARK
Judge
cc:
Christopher P. Conomy Linda R. Van Tine
Assistant Attorney General 1410 Central Avenue
150 East Gay Street, 18th Floor Sandusky, Ohio 44870
Columbus, Ohio 43215-3130
Mark A. Stuckey
607 Bimini Drive
Sandusky, Ohio 44870
AMR/cmd
Filed January 11, 2011
To S.C. reporter January 27, 2011