Ohio Court of Appeals July 28, 1997, No. 71557. (D B Corp. v. Dues)

I respectfully dissent. I agree with the majority that the referee's reliance on the concept of judicial notice was incorrect, but disagree with its disposition of this case. Procedural grounds dictate conflicting results. This court could affirm the judgment of the trial court because appellant's failure to file a transcript of the hearing before the referee precludes a showing of prejudice.