2012 Ohio 3594
Ohio Ct. App.2012Background
- Cherry bought 302 Fremont Ave, Springfield on Oct 20, 2011; Morgan lived there.
- Cherry served Morgan a three-day vacate notice on Nov 22, 2011; Morgan refused to leave.
- Cherry filed forcible entry and detainer on Dec 12, 2011; hearings held Jan 4 and Jan 11, 2012.
- Magistrate ordered restitution; trial court adopted Jan 11, 2012; Morgan ordered to vacate by Jan 16, 2012.
- Morgan sought a stay (trial court overruled); Morgan filed objections and a notice of appeal; no stay or supersedeas filed for appellate court.
- Appellate court dismissed the appeal as moot because Morgan evicted and did not obtain a stay/supersedeas
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot due to eviction without appellate stay | Morgan can moot the appeal by eviction without a stay | (Morgan's position not explicitly stated in text) | Yes; appeal moot and dismissed |
| May the court reach merits despite mootness | (Not explicitly stated) | (Not explicitly stated) | No; merits not reached |
Key Cases Cited
- Seventh Urban, Inc. v. University Circle, 67 Ohio St.2d 19 (1981) (for forcible entry and detainer mootness guidance)
- Miele v. Ribovich, 90 Ohio St.3d 439 (2000) (expedited possession; mootness avoidance by staying appeal)
- RLJ Management Co., Inc. v. Larry Baldwin, 2001-Ohio-2237 (3d Dist. Crawford No. 3-01-16) (restoration of possession ends action; moot unless stayed)
- Long v. MacDonald, 2002-Ohio-4693 (3d Dist. Crawford No. 3-02-10) (stay, appeal, and supersedeas to maintain issues during appeal)
- Colonial American Dev. Co. v. Griffith, 48 Ohio St.3d 72 (1990) (supersedeas bond required to keep appeal alive)