2019 Ohio 3039
Ohio Ct. App.2019Background
- In Feb 2017 Karl Dlugos and Lisa Gottschalt entered a land-installment contract with Gregory and Sharon Jones for a North Olmsted property; monthly payment $772.64 (plus late fees).
- Appellants defaulted in Feb 2018; Jones served breach/forfeiture notice; appellants paid $500 on March 5, 2018 and defendants disputed adequacy of payment.
- Plaintiffs filed forcible-entry-and-detainer and forfeiture claims in Rocky River Municipal Court on March 7, 2018; magistrate found for plaintiffs on the forcible-entry-and-detainer claim on March 26, 2018; trial court adopted the magistrate’s decision.
- Eviction proceedings followed; appellants filed for Chapter 7 bankruptcy in April 2018 (automatic stay), which was lifted in August 2018; appellants were evicted in October 2018 and property restored to plaintiffs.
- Appellants filed this accelerated appeal raising (1) failure-to-state-a-claim dismissal, (2) insufficiency/improper service of the forfeiture notice, and (3) the trial court’s failure to act on their App.R. 9(C) statement; the appellate court concluded the appeal was moot and dismissed it.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (Dlugos/Gottschalt) | Held |
|---|---|---|---|
| Mootness of appeal after eviction | Appeal should proceed to resolve alleged errors in eviction process | Eviction rendered possession issue moot; no relief remains | Appeal dismissed as moot because possession restored to plaintiffs |
| Failure to state a claim | Complaint properly pleaded forcible entry and detainer and forfeiture | Trial court should have dismissed for failure to state a claim | Not reached on merits due to mootness |
| Sufficiency/service of forfeiture notice | Notice was sufficient and properly served | Notice was insufficient/improperly served | Not reached on merits due to mootness |
| App.R. 9(C) certification of appellant statement | Trial court complied or issues procedural only | Trial court failed to approve/deny/certify App.R. 9(C) statement | Not decided; appellate court noted it cannot consider issues not addressed by trial court and proceeded to dismiss as moot |
Key Cases Cited
- Seventh Urban, Inc. v. Univ. Circle, 67 Ohio St.2d 19 (Ohio 1981) (forcible-entry-and-detainer adjudicates only immediate right to possession)
- State v. Peagler, 76 Ohio St.3d 496 (Ohio 1996) (appellate courts generally cannot consider issues not first addressed by the trial court)