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Frabott v. Swaney

Court of Appeals of Ohio, Fifth District, Delaware

July 30, 2013

CURTIS FRABOTT, Plaintiff-Appellant
v.
SHEREE D. SWANEY, et al., Defendants-Appellees

Civil Appeal from the Court of Common Pleas, Case No. 10 CVE 09 1302

For Plaintiff-Appellant: DAVE LACKEY SCHERNER & SYBERT

For Defendants-Appellees: JAMES D. GILBERT

JUDGES: Hon. William B. Hoffman, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Wise, J.

{¶1} This is an appeal by Plaintiff-Appellant Curtis Frabott from the April 22, 2013, Judgment Entry of the Delaware County Common Pleas Court granting Defendants-Appellees Sheree D. Swaney and William Swaney's motion for reconsideration.

{¶2} This case comes to us on the accelerated calendar. App.R. 11.1, which governs accelerated calendar cases, provides, in pertinent part:

{¶3} "(E) Determination and judgment on appeal. The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form."

{¶4} This appeal shall be considered in accordance with the aforementioned rule.

STATEMENT OF THE FACTS AND CASE

{¶5} The relevant facts are as follows:

{¶6} This case originally involved construction work by Appellant Frabott at the home of Appellees Sheree and William Swaney. A dispute arose during the construction, causing construction on the project to terminate. Frabott recorded a Mechanics' Lien against the property and initiated an action for foreclosure, breach of contract and unjust enrichment. The Swaneys filed an Answer and Counterclaim alleging they were damaged.

{¶7} A bench trial was held on December 13 and 14, 2011.

{¶8} By Judgment Entry filed January 10, 2012, the trial court found in favor of Frabott and against the Swaneys for $518.16 and costs. The trial court also declared ...


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