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The State Ex Rel. Skyway Investment Corporation v. Ashtabula County Court of Common Pleas

October 27, 2011

THE STATE EX REL. SKYWAY INVESTMENT CORPORATION,
APPELLANT,
v.
ASHTABULA COUNTY COURT OF COMMON PLEAS,
APPELLEE.



APPEAL from the Court of Appeals for Ashtabula County, No. 2007-A-0058.

Per curiam.

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Skyway Invest. Corp. v. Ashtabula Cty. Court of Common Pleas, Slip Opinion No. 2011-Ohio-5452.]

NOTICE

This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2011-OHIO-5452

[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Skyway Invest. Corp. v. Ashtabula Cty. Court of Common Pleas, Slip Opinion No. 2011-Ohio-5452.]

Common pleas court did not patently and unambiguously lack jurisdiction in underlying matter--Court of appeals' judgment denying petition for writs of prohibition and mandamus affirmed.

Submitted September 20, 2011

{¶1} This is an appeal from a court of appeals judgment denying the petition of appellant, Skyway Investment Corporation ("Skyway"), for a writ of prohibition to prevent appellee, Ashtabula County Court of Common Pleas, from proceeding to place certain property owned by Skyway in receivership and a writ of mandamus to compel appellee to vacate its orders concerning the property in an underlying civil case. Because the common pleas court did not patently and unambiguously lack jurisdiction in the underlying matter, we affirm the judgment of the court of appeals.

Facts

{¶2} In November 1992, the Ashtabula County Court of Common Pleas entered a judgment in favor of John Poss and against Marilyn Morris in the amount of $149,750 plus interest in Poss v. Morris, Ashtabula C.P. case No. 80956. When Poss experienced difficulties in enforcing the judgment against Morris, he filed a forcible-entry-and-detainer action against her.

{¶3} Poss and Morris settled the dispute concerning the enforcement of the judgment with a July 19, 1993 agreement under which Morris agreed to convey her property to Poss and Morris would be permitted to remain in a building on a 2.505 acre tract of the property until January 1, 1994. The parties specified that the "agreement constitutes a full and complete release between the parties and John Poss will release his judgment lien and mortgage lien upon receipt of the deed to the property." Just a few days before the agreement was executed, Morris filed a motion in the common pleas court to enforce the settlement. On September 16, 1993, the common pleas court incorporated the parties' settlement agreement into the judgment of the court.

{¶4} Morris subsequently filed for bankruptcy in 1995, which resulted in further litigation regarding the subject property. The United States Court of Appeals for the Sixth Circuit held that because of the 1993 judgment in favor of Poss, a constructive trust had been imposed on the property in his favor and thus the property was not affected by Morris's bankruptcy filing. In re Morris (C.A.6, 2001), 260 F.3d 654.

{ΒΆ5} In December 2002, Poss filed a motion in the common pleas court for an order that Morris transfer to him the property as she had agreed. Arguments on the motion were heard in April 2003. On November 4, 2003, before the court ruled on Poss's motion, Morris transferred the property to Skyway. Skyway's attorney knew of ...


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