Ferguson v. Van Boron
105 N.E.3d 424
| Ohio Ct. App. | 2018Background
- Korena Boron Ferguson and Eric Van Boron divorced; the June 10, 2013 decree allocated several real and personal property items (Pearce Circle home; Pembrooke condominium; Pure Gold stables; Iowa parcel) and set related obligations (deeds, a $590,000 cognovit note/mortgage, taxes, utilities, personal property transfers).
- Appellant (Korena) filed a show-cause (contempt) motion alleging Eric failed to transfer deeds, utilities, execute the cognovit note/mortgage, pay taxes/fees, and relinquish retirement interest; she later amended to add sale of a starting gate and other defaults.
- Eric filed a competing contempt motion alleging Korena failed to return his motorcycle and failed to transfer Pure Gold to him.
- After three hearings, the magistrate and trial court found both parties had "unclean hands," declined to hold either in contempt, and denied requests for attorney fees and other damages; the trial court adopted the magistrate’s decision and this appeal followed.
- The appellate court affirmed, concluding the trial court did not abuse its discretion: both parties delayed, acted antagonistically (withholding cooperation, disposing of property, failing to communicate), and by the final hearing both had substantially complied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court improperly applied unclean hands to bar Korena’s contempt relief | Korena: she did not engage in reprehensible conduct tied to contempt claims; unclean hands shouldn’t bar relief when appellant proved noncompliance | Eric: both parties failed to cooperate; their mutual misconduct precludes contempt relief | Court: affirmed use of clean-hands — both parties acted to impede compliance; trial court did not abuse discretion |
| Whether court erred by failing to find Eric in contempt for failing to transfer deeds, execute note/mortgage, and pay taxes | Korena: clear-and-convincing evidence showed Eric missed deadlines and submitted defective instruments | Eric: contested wrongdoing and relied on Korena’s noncooperation and timing; actions were reciprocal | Court: found substantial evidence of reciprocal fault and delayed but eventual substantial compliance; no contempt warranted |
| Whether trial court failed to address each contempt allegation | Korena: magistrate did not specifically rule on each itemized allegation | Eric: magistrate considered record and treated claims collectively | Court: magistrate/trial court sufficiently addressed issues in aggregate; no reversible error |
| Whether Korena was entitled to damages and attorney fees under indemnity/damages clauses | Korena: incurred taxes, repairs, lost rental, and attorney fees due to Eric’s defaults; decree allows damages and fees | Eric: argued indemnity/damages require a nondefaulting party and proof of efforts to obtain compliance; Korena was herself in default on some points | Court: denied damages/fees — Appellant failed to prove entitlement by clear and convincing evidence and had unclean hands; record showed she did not exhaust efforts to obtain compliance before suing |
Key Cases Cited
- State ex rel. Ventrone v. Birkell, 65 Ohio St.2d 10 (Ohio 1981) (standard for appellate review of contempt: abuse of discretion)
- Brown v. Executive 200, Inc., 64 Ohio St.2d 250 (Ohio 1980) (civil contempt is coercive; contemnor can "carry the keys of his prison")
- Pugh v. Pugh, 15 Ohio St.3d 136 (Ohio 1984) (civil contempt burden and purpose articulated)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- Carroll v. Detty, 113 Ohio App.3d 708 (Ohio Ct. App. 1996) (civil contempt burden: clear and convincing evidence)
- Marinaro v. Major Indoor Soccer League, 81 Ohio App.3d 42 (Ohio Ct. App. 1991) (unclean hands bars equitable relief where movant's conduct is reprehensible)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial court best positioned to weigh witness credibility)