Ross v. Olsavsky, 2011 Ohio 1655

Ross obtained a July 27, 2007 default judgment against Olsavsky for $12,306.65.
A 2008 garnishment to Olsavsky’s employer, Sun Healthcare, anticipated total garnishment of about $13,806.55.
Olsavsky filed February 17, 2009 motions to vacate the judgment and to stay execution; trial court denied April 10, 2009.
Olsavsky appealed May 11, 2009, and a May 13, 2009 stay pending appeal was entered.
Ross collected $8,890.34 before the stay; remaining garnishments were placed in escrow.
On July 21–22, 2009 Ross filed a motion for relief from stay and an affidavit of current balance due; on October 2, 2009 the court granted relief from stay and released escrow funds; the remaining balance was paid in October 2009.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by granting relief from stay	Olsavsky argues relief from stay was improper	Ross argues issue moot since judgment fully executed	Moot; no appellate adjudication needed on relief from stay
Whether Ross should be found in contempt for violating the stay	Olsavsky contends Ross violated the May 13, 2009 stay and seeks contempt and fees	Ross contends actions did not amount to contempt and were not collection of escrowed funds	No abuse of discretion; not contempt; fees denied

Denovchek v. Bd. of Trumbull Cty. Commrs., 36 Ohio St.3d 14 (1988) (contempt standards; broad discretion of trial court)
State ex rel. Seventh Urban, Inc. v. McFaul, 5 Ohio St.3d 120 (1983) (contempt and stay-related standards)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard in appeals from contempt decisions)
Hrabak v. Collins, 108 Ohio App.3d 117 (1995) (private counsel communications not enforceable stay violations)
Celebrezze v. Gibbs, 60 Ohio St.3d 69 (1991) (stay enforcement and related discretion)
McCarthy v. Lippitt, 7th Dist. No. 04-MO-1, 2004-Ohio-5367 (2004) (mootness where judgment has been fully executed)