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2115-2121 Ontario Building LLC v. Anter

Court of Appeals of Ohio, Eighth District

July 25, 2013

2115-2121 ONTARIO BUILDING LLC PLAINTIFF-APPELLEE
v.
DOLORES ANTER, ET AL. DEFENDANTS APPEAL BY THERESA JULIA KRATUS DEFENDANT-APPELLANT

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-752119

ATTORNEYS FOR APPELLANT: Philip Wesley Lambert Timothy J. Fitzgerald James F. Koehler KoehlerNeal, LLC.

ATTORNEY FOR APPELLEES Richard P. Goddard Calfee, Halter & Griswold, LLP.

FOR DOLORES ANTER, ET AL. David C. Eisler.

BEFORE: Rocco, J., Boyle, P.J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.

{¶ 1} Defendant-appellant Theresa Kratus ("Kratus"), a minority shareholder of The Macron Investment Company ("Macron"), appeals from the trial court's order taxing receivership costs of the receivership solely against Macron. Because the issue raised in this appeal is fully resolved by our decision in a companion case, this appeal is now moot, and so we dismiss the appeal.

{¶2} The underlying lawsuit involved 2115-2121 Ontario Building, LLC's ("Ontario") purchase of Macron stock.[1] Macron's sole asset was the Stanley Block Building. On March 29, 2012, the trial court issued an order granting Ontario's motion for summary judgment ("Summary Judgment Order"). The trial court declared that Ontario had purchased 32 valid shares, and 50%, of the 64 outstanding shares of Macron stock. The Summary Judgment Order provided two discrete forms of injunctive relief: (1) that Macron "forthwith issue to [Ontario] share certificates evidencing [Ontario's] ownership of 32 shares" of Macron stock; and (2) that Macron "forthwith provide an accounting to [Ontario] of all of Macron's rents, other income and expenses relating to the property at 2115-2121 Ontario, Cleveland." Sum. J. Order 9-10-12. Kratus appealed the Summary Judgment Order. That appeal is a companion case to the instant case.

{¶ 3} Macron did not issue the shares to Ontario. Ontario filed a motion to appoint a receiver for Macron. On June 18, 2012, the trial court issued an order appointing a receiver ("Receivership Order"). In a separate order detailing the receiver's powers and duties, that trial court authorized the receiver: (1) "to take all action necessary to obtain compliance with the [Summary Judgment Order] including the issuance to Ontario of share certificates evidencing Ontario's ownership of 32 shares of the 64 total shares of outstanding Macron stock * * * ."; and (2) "to take immediate possession, control, management and charge of the Stanley Block property * * * [and] to attempt to preserve and maximize the value of the Stanley Block property as a whole."

{¶ 4} In Section 4.3 of the order detailing the receiver's powers and duties, the trial court addressed the compensation of the receiver:

[T]he court recognizes that the order appointing the receiver might be appealed. If any such appeal results in the order appointing the receiver being invalidated, then [Ontario] will be required to pay the receiver and other receivership expenses, and those payments will not be taxed as costs. If these conditions are unacceptable to [Ontario] then [Ontario] must move forthwith to vacate the order appointing the receiver.

{¶ 5} On July 2, 2012, Kratus filed a notice of appeal of the Receivership Order. That appeal is a companion case to the instant case.

{ΒΆ6} On September 18, 2012, following the satisfaction of the trial court's judgment and withdrawal of all other pending motions, the receiver filed a motion requesting that she be discharged from further duties in connection with the case. At the same time, the receiver filed her second and final report. On September 24, 2012, Kratus filed a motion to tax costs of the receivership solely against Ontario. Ontario opposed the motion and moved that all costs of the receivership should be taxed solely against Macron. On October 26, 2012, the trial court denied Kratus's motion and entered an order taxing all receivership costs against Macron ("Costs Order"). The ...


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