2013 Ohio 3457
Ohio Ct. App.2013Background
- Landmark alleged Collins failed recertification, triggering contract rent of $637 instead of zero; HUD rules define market vs contract rent and recertifications are annual; interim recertification changed lease to add Collins’s husband increasing Collins’s share; dismissal of pay not made for Dec 2012 through Feb 2013; trial court increased bond to $637 to stay restitution after Landmark prevailed on rent issue; appellate panel previously stayed bond at $354 pending review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion by increasing bond to contract rent | Collins | Collins | No abuse; bond reasonable given Landmark’s potential rent loss |
Key Cases Cited
- Richard L. Bowen & Assoc., Inc. v. 1200 W. Ninth Street L.P., 107 Ohio App.3d 750 (8th Dist.1995) (supersedeas bond protects successful plaintiff from damages on appeal)
- Wilson v. Lee, 172 Ohio App.3d 791 (2d Dist.2007) (abuse of discretion standard for stay bonds)
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (1990) (abuse of discretion in stay/bond determinations; standard of review)
- Landmark Realty v. Collins (Gold Key Realty v. Collins), Not provided in opinion excerpt (—) (primary appellate decision affirming trial court bond increase)