Art Paradise, Inc. v. Washington
2021 Ohio 4586
| Ohio Ct. App. | 2021Background
- Art Paradise (landlord) leased an apartment to Renita Washington (tenant) in June 2018.
- In May 2021 Art Paradise filed a forcible entry and detainer action alleging Washington was delinquent in rent and sought restitution (possession).
- The trial court held a July 2021 hearing and in August 2021 ordered Washington evicted and issued a writ of restitution directing the sheriff to return possession to Art Paradise.
- Washington appealed but did not seek a stay of the restitution order or post a supersedeas bond, and she subsequently vacated the apartment (admitted in her response).
- Art Paradise moved to dismiss the appeal as moot; the appellate court reviewed the record and concluded the appeal was moot because forcible entry and detainer actions decide only immediate possession and Washington no longer occupied the premises.
- The court noted R.C. 1923.14(A) permits a tenant to retain or recover possession pending appeal only by obtaining a stay and posting a supersedeas bond; Washington did neither.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Washington's appeal of the restitution order is moot | Art Paradise: appeal is moot because Washington vacated and did not secure a stay or bond | Washington: appealed the restitution order (did not claim she sought a stay or posted bond) | Appeal dismissed as moot; forcible entry and detainer only decides immediate possession and tenant’s vacatur renders case moot |
Key Cases Cited
- Cryan v. Cryan, 97 N.E.3d 487 (2018) (describing courts’ role and that a case is moot when parties lack a legally cognizable interest)
- Powell v. McCormack, 395 U.S. 486 (1969) (defining mootness where parties lack a legally cognizable interest)
- State ex rel. Gaylor, Inc. v. Goodenow, 928 N.E.2d 728 (2010) (actual controversy requires possibility that court can grant requested relief)
- Cincinnati Gas & Elec. Co. v. Pub. Util. Comm., 816 N.E.2d 238 (2004) (appellate court may dismiss when an event renders the issue moot)
- Seventh Urban, Inc. v. Circle Prop. Dev., Inc., 423 N.E.2d 1070 (1981) (forcible entry and detainer actions decide only the right to immediate possession)