Grande Voiture D'Ohio La Societe Des 40 Hommes Et 8 Chevaux v. Montgomery Cty. Voiture No. 34 La Societe Des 40 Hommes Et 8 Chevaux
2021 Ohio 2429
| Ohio Ct. App. | 2021Background
- La Societe des 40 Hommes et 8 Chevaux has national, state (Ohio Voiture), and local (Montgomery County Voiture No. 34, “County Voiture”) organizations; County Voiture was chartered subject to state and national constitutions.
- In 2017 Charles J. Simpson was expelled from membership but continued to act as an officer and attorney for County Voiture and sought to separate the county group from the state/national bodies.
- Ohio Voiture sued County Voiture and Simpson in 2018; the trial court granted summary judgment (Apr. 2019) enjoining Simpson from participating in County Voiture and ordering an accounting; this court affirmed on appeal.
- Simpson filed bankruptcy on behalf of County Voiture, then filed documents with the Ohio Secretary of State renaming County Voiture to “Huber Heights Veteran’s Club” and recorded a deed transferring property to that entity; Ohio Voiture moved for contempt.
- The trial court found Simpson in contempt (Mar. 4, 2020), ordered restoration of the county organization’s name and property and an accounting, awarded attorney fees, and later—after Simpson failed to comply—ordered correction of title and, on Ohio Voiture’s Civ.R. 70 motion (Mar. 13, 2021), authorized filing with the Secretary of State to restore the original corporate name.
- Simpson appealed the Civ.R. 70 order, arguing the court lacked authority because a stay was in effect and the contempt could not be used to affect the renamed corporation; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could order restoration of County Voiture’s corporate name by authorizing filing with the Secretary of State | Ohio Voiture: court may enforce its final contempt judgment and specific-act orders using Civ.R. 70 and inherent powers; no stay was in effect because Simpson’s bond was not approved | Simpson: a stay pending appeal barred court action; contempt against him cannot be enforced against the (renamed) corporation | Affirmed: no stay because bond was invalid/unapproved; Civ.R. 70 authorized enforcement; Huber Heights entity was a legal nullity created by Simpson’s contemptuous acts |
| Whether Ohio Voiture’s Civ.R. 70 motion was frivolous and warranted sanctions | Ohio Voiture: motion was legally warranted to enforce the court’s prior orders; not frivolous | Simpson: the motion was frivolous and sanctions under R.C. 2323.51 should be imposed | Affirmed: motion not frivolous; no sanctions warranted under R.C. 2323.51 |
Key Cases Cited
- Rieser v. Rieser, 947 N.E.2d 222 (Ohio Ct. App. 2010) (recognizing courts’ inherent power to enforce final judgments)
- City of Cleveland v. Laborers Int'l Union Local 1099, 104 N.E.3d 890 (Ohio Ct. App. 2018) (discussing a court's power to enforce judgments)
- Infinite Sec. Solutions, L.L.C. v. Karam Props. II, Ltd., 37 N.E.3d 1211 (Ohio 2015) (affirming courts’ authority to enforce orders and the practical effect of court-directed acts)
- Tessler v. Ayer, 669 N.E.2d 891 (Ohio Ct. App. 1996) (explaining that Civ.R. 70 enforces specific-act orders and is reserved for obstinate noncompliance)