2015 Ohio 5002
Ohio Ct. App.2015Background
- KOP filed a forcible entry and detainer (FED) complaint against tenant Helen Williams on May 8, 2015.
- At a May 29 hearing Williams (then with pro bono counsel) agreed to a settlement requiring a $400 payment before a June 3 hearing; she did not pay.
- The magistrate issued an agreed judgment order on June 4; Williams filed pro se objections the same day arguing she did not receive required three-day notices; the trial court denied those objections.
- The trial court granted restitution and the unit was "red tagged"; Williams vacated the premises shortly thereafter and did not obtain a stay of execution or post a supersedeas bond.
- KOP moved to dismiss Williams’ appeal as moot; Williams did not respond. The appellate court granted KOP’s motion and dismissed the appeal as moot without reaching the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot after tenant vacated the premises | KOP: Tenant vacated and property was restored; FED only decides immediate possession, so appeal is moot | Williams did not dispute vacation at oral argument; no stay or supersedeas bond was obtained | Appeal is moot; motion to dismiss granted |
| Whether the magistrate's agreed judgment order was consensual | KOP: Settlement and agreed order were validly adopted | Williams: Order was not consensual | Not reached — mootness bars consideration |
| Whether trial court erred in denying Williams' objections (e.g., lack of three-day notices) | KOP: Procedural rulings proper | Williams: She lacked required notice; objections filed | Not reached — mootness bars consideration |
Key Cases Cited
- Seventh Urban, Inc. v. Univ. Circle Property Dev., Inc., 67 Ohio St.2d 19, 423 N.E.2d 1070 (Ohio 1981) (FED actions determine only right to immediate possession; remedies become moot once possession is restored)