Shimrak v. Goodsir
2016 Ohio 1467
Ohio Ct. App.2016Background
- In May 2006 Peter and Patricia Shimrak agreed to buy Goodsir’s house for $340,000 and paid $2,000 earnest money.
- The Shimraks failed to obtain financing and withdrew in August 2006; Goodsir relisted and ultimately sold the house in May 2007 for $272,000.
- The Shimraks sued in municipal court to recover the earnest money; Goodsir counterclaimed for breach of contract; case transferred to Cuyahoga Common Pleas when amount exceeded municipal jurisdiction.
- This court previously held the Shimraks breached and remanded for entry of judgment for Goodsir and determination of damages.
- On remand the trial court awarded Goodsir $35,000 in damages (difference between $340,000 and a $305,000 pre‑breach offer) plus interest; the journal entry did not clearly designate creditor/debtor.
- Goodsir’s attempt to file a judgment lien was rejected by the clerk; the trial court denied her Civ.R. 60(A) motion to correct the ambiguous entry. Goodsir appealed.
Issues
| Issue | Shimrak's Argument | Goodsir's Argument | Held |
|---|---|---|---|
| Whether $35,000 award (contract price minus $305,000 offer) was against the manifest weight of the evidence | The $305,000 offer reflects fair market value near breach; court may credit it | The $305,000 offer is unreliable; a 2013 retrospective appraisal valued the property at $275,000 on the breach date | Court upheld $35,000 award — trier of fact may credit the $305,000 evidence as competent, credible proof of FMV |
| Whether the trial court should have corrected its journal entry under Civ.R. 60(A) to identify judgment creditor/debtor | Not applicable | The ambiguous journal entry prevented filing a judgment lien; the omission was clerical and correctable | Court reversed on this point and remanded with instruction to amend the entry to name Goodsir as judgment creditor and Shimraks as debtors and to fix interest date |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (standard for manifest weight review)
- Roesch v. Bray, 46 Ohio App.3d 49 (measure of damages: contract price minus FMV at breach)
- State ex rel. Litty v. Leskovyansky, 77 Ohio St.3d 97 (definition and scope of clerical mistakes under Civ.R. 60(A))
- Bobb Forest Prods. v. Morbark Indus., 151 Ohio App.3d 63 (Civ.R. 60(A) may be used to correct omissions that fail to reflect rendered judgment)