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Gary D. Zeigler, Treasurer of Stark County, Ohio v. Trio Realty Group

October 24, 2011

GARY D. ZEIGLER, TREASURER OF STARK COUNTY, OHIO, PLAINTIFF-APPELLEE,
v.
TRIO REALTY GROUP, LLC, ET AL., DEFENDANTS-APPELLANTS.



Appeal from the Court of Common Pleas, Case No. 2008CV05383

The opinion of the court was delivered by: Hoffman, J.

Cite as Zeigler v. Trio Realty Group, L.L.C.,

CHARACTER OF PROCEEDING: JUDGMENT:

DATE OF JUDGMENT:

JUDGES: Hon. W. Scott Gwin, P.J. : Hon. William B. Hoffman, J. : Hon. Sheila G. Farmer, J.

OPINION

Affirmed, in part; Reversed, in part; and Remanded October 24, 2011

{¶1} On December 22, 2008, Appellee, Gary Zeigler, Stark County Treasurer, filed a complaint in foreclosure for unpaid real estate taxes on commercial property owned by Appellant, Trio Realty Group, LLC. Parties holding mortgages to the property were Appellee, Bambini Company, LLC, and Appellant, The Elum Music Company.

{¶2} On May 15, 2009, the trial court granted appellee Zeigler default judgment against Appellant Trio Realty for its failure to answer or otherwise defend.

{¶3} On May 22, 2009, Appellee Bambini filed a motion for appointment of receiver to collect the rental income generated from the subject property. On same date, the trial court issued a decree of foreclosure and order of sale, directing the property be sold at Sheriff's sale. By order filed May 27, 2009, the trial court appointed a receiver.

{¶4} On July 16, 2009, Appellee Bambini filed a cross-claim against Appellant Trio Realty seeking payment of its mortgage and foreclosure of the subject property.

{¶5} On September 14, 2009, the trial court granted Appellee Bambini default judgment on its cross-claim against Appellant Trio Realty for its failure to answer or otherwise defend.

{¶6} On September 28, 2009, a praecipe was filed ordering the sale of the property at Sheriff's sale. A Sheriff's sale was scheduled for December 1, 2009. On December 3, 2009, a notice was filed advising the trial court that the Sheriff's sale had been cancelled because Appellant Trio Realty had agreed to a repayment plan with Appellee Zeigler.

{¶7} On February 9, 2010, Appellee Bambini filed a motion to authorize the receiver to take possession of the subject property and "do such acts which are necessary to generate funds pursuant to the Order in these proceedings and hold said

Stark County, Case No. 2011CA00008 3

funds pursuant to further Orders of this Court, which acts would include offering for public auction the property***."

{¶8} By order filed February 26, 2010, the trial court empowered the receiver to take certain actions, including offering the property for public auction.

{ΒΆ9} On September 22, 2010, the receiver offered the property for sale at public auction and signed a ...


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