Nye v. White-Rhoades
2015 Ohio 3719
Ohio Ct. App.2015Background
- Family-related remodeling contract in Marion County between Cynthia White-Rhoades and Dennis Nye Construction led to extensive work from July 2007 to February 2008.
- Numerous included improvements (basement sink, front porch, sump pump, garage door move, hardwood floors) were performed beyond the rough estimate.
- Dennis billed monthly; Cynthia and Wayne paid 2007 invoices, but stopped paying January–February 2008 invoices after an accounting meeting.
- Cynthia and Wayne answered with counterclaims for slander of title and CSPA; third-party Cory Nye was also involved; several dismissals occurred over time.
- Bench trial held Feb 6–9, 2012; December 21, 2012 and May 8, 2013 judgments awarded Dennis about $20,790.35, offset by a modest amount in Cynthia’s favor, with various dismissals.
- Appeals followed, with the court ultimately affirming the trial court’s rulings and holding no CSPA violation and affirming the damage determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Dennis violate the CSPA? | Nye contends there were deceptive practices (travel time, materials surcharge, understatetd estimates, lack of written itemization, supervision issues). | White-Rhoades argues multiple CSPA violations occurred due to undisclosed charges and under/ misstatements. | No reversible error; trial court’s finding that no CSPA violation occurred stands. |
| Are the counterclaim damages properly awarded? | Cynthia seeks damages for various items (kitchen countertop, surcharge, basement flooding, driveway, etc.). | Dennis argues damages either not proven or not recoverable under recoupment; some items are unrelated to counterclaims. | Damages upheld; trial court did not abuse discretion; recoupment/offset applied appropriately. |
Key Cases Cited
- Eisert v. Kantner Constr., 2010-Ohio-4815 (3d Dist. Auglaize No. 2-10-13) (CSPA standards and remedial construction.)
- Anderson v. Barclay’s Capital Real Estate, Inc., 136 Ohio St.3d 31 (2013-Ohio-1933) (CSPA burden on proof; liberal construction in consumer protection context.)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (manifest-weight standard of review for bench trials.)
- Reinbolt v. Kern, 183 Ohio App.2d 287 (2009-Ohio-3492) (abuse-of-discretion standard in damages determinations.)
- Witham v. S. Side Bldg. & Loan Assn. of Lima, 133 Ohio St.560 (1938) (setoff vs. recoupment distinctions in defenses.)