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Sheri Downard v. Danny Gilliland

November 19, 2012

SHERI DOWNARD, PLAINTIFF-APPELLEE,
v.
DANNY GILLILAND, DEFENDANT-APPELLANT.



CIVIL APPEAL FROM COMMON PLEAS COURT

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

Cite as Downard v. Gilliland,

DECISION AND JUDGMENT ENTRY

{¶1} This is an appeal from a Jackson County Common Pleas Court judgment in favor of Sheri Downard, plaintiff below and appellee herein, on her claims against Danny Gilliland, defendant below and appellant herein.

{¶2} Appellant assigns the following errors for review: FIRST ASSIGNMENT OF ERROR:

"THE TRIAL COURT ABUSED ITS DISCRETION IN DECIDING THAT THE REAL PROPERTY THAT WAS OWNED BY DEED BY THE APPELLANT WAS BEING HELD BY APPELLANT IN CONSTRUCTIVE TRUST FOR THE BENEFIT OF APPELLEE[.]"

SECOND ASSIGNMENT OF ERROR:

"THE TRIAL COURT'S DECISION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE IN THERE WAS NO EVIDENCE OF FRAUD, WRONGDOING, DURESS, ETC."

THIRD ASSIGNMENT OF ERROR:

"THE TRIAL COURT ABUSED ITS DISCRETION IN

ORDERING THE APPELLANT TO CONVEY TO APPELLEE HIS DEED FOR THE ONE-HALF UNDIVIDED INTEREST IN THE REAL PROPERTY WHEN THE APPELLEE DID NOT PRESENT ANY EVIDENCE AS TO THE VALUE OF APPELLEE'S ONE-HALF INTEREST IN THE REAL ESTATE NOR DID APPELLEE PRESENT ANY EVIDENCE AS TO THE AMOUNT OF MONIES REQUESTED AS DAMAGES."

FOURTH ASSIGNMENT OF ERROR:

"THE TRIAL COURT ABUSED ITS DISCRETION IN

ORDERING THE APPELLANT PAY TO APPELLEE THE SUM OF $250 FOR THE AMOUNT CONTRIBUTED BY SHERI DOWNARD FOR THE PURCHASE OF THE PICK-UP TRUCK WHEN NO EVIDENCE WAS PRESENTED REGARDING THE ...


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