Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hayberg v. Tamburello

Court of Appeals of Ohio, Fifth District

August 1, 2013

LEWIS HAYBERG Petitioner-Appellee
v.
JOHN TAMBURELLO Respondent-Appellant

Civil appeal from the Tuscarawas County Court of Common Pleas, PO 12 1242

For Petitioner-Appellee CRAIG G. PELINI

For Respondent-Appellant JOHN A. TAMBURELLO

OPINION

Gwin, P.J.

{¶1} Appellant appeals the January 28, 2013 judgment entry of the Tuscarawas County Common Pleas Court denying his emergency motion for relief to terminate protection immediately.

Facts & Procedural History

{¶2} Appellant John Tamburello resides in Cuyahoga County. In May of 2011, appellant's house was damaged when a tree fell through his home during a storm. Appellant hired appellee Lewis Hayberg's company to repair and/or restore parts of his damaged home. Appellant and appellee subsequently had a dispute regarding the repair and restoration of the home and whether the work was appropriately completed. Appellant and appellee are currently still involved in civil litigation in Cuyahoga County Common Pleas Court.

{¶3} Appellee filed a petition for civil stalking protection order on December 6, 2011 against appellant alleging appellant threatened him and his family. An ex parte hearing was held before a magistrate on December 7, 2011 and the ex parte protection order was granted on December 7, 2011. A full hearing was set for December 16, 2011. On December 14, 2011, appellant filed a motion to dismiss protection order. A full hearing was held before the magistrate on December 16, 2011. Appellant did not appear for the hearing. The magistrate granted the protection order against appellant for five (5) years. The trial court approved and adopted the magistrate's decision.

{¶4} Appellee filed a motion for order to show cause against appellant on January 11, 2012 and appellant filed a motion to terminate and dismiss protection order on January 27, 2012 and a renewed motion to dismiss on January 30, 2012. A hearing was held before the magistrate on February 27, 2012. The magistrate issued a decision on March 2, 2012, denying appellant's motion to terminate protection order and finding appellant in contempt based upon a series of threatening emails sent by appellant to appellee. Appellant filed objections to the magistrate's decision on March 13, 2012. On March 28, 2012, the trial court issued a decision adopting the magistrate's decision, denying appellant's motion to terminate protection order, and granting appellee's motion for civil contempt.

{¶5} Appellant filed a motion for relief and motion to show cause, requesting that the civil protection order be immediately terminated, as he believed it would negatively impact his insurance licenses. The magistrate held a hearing on the motion on July 23, 2012. Appellant testified he had to have the protection order terminated immediately to continue his career and if he could not continue his career, he could not afford the health insurance that was keeping him alive. Appellant also argued he was physically incapable of harming appellee. On August 8, 2012, the magistrate issued a decision on appellant's motion for relief and motion to show cause. The magistrate denied appellant's motion to terminate the protection order and denied contempt against appellee and his attorneys. Appellant filed objections and supplemental objections to the magistrate's August 8th decision. The trial court held an oral hearing on September 24, 2012. Appellant detailed to the trial court his health issues and argued the civil protection order caused him to lose his job because he could not obtain his insurance licenses. Appellant stated he could not pay for health insurance for medically necessary procedures and treatment with the existence of the protection order. Appellant admitted anger got the better of him when he was dealing with appellee, but that he was in no physical position to actually harm appellee.

{¶6} On September 28, 2012, the trial court issued a judgment entry overruling appellant's initial and supplemental objections to the magistrate's decision and adopted the magistrate's decision. On October 15, 2012, appellant filed a notice of appeal with this Court, appealing the September 28th judgment entry overruling appellant's initial and supplemental objections to the magistrate's decision. That appeal was dismissed on December 26, 2012 for want of prosecution because appellant failed to file an appellant's brief. Appellant filed a motion to reverse the previous decision and terminate the protection order on October 25, 2012. The trial court denied the motion on November 2, 2012.

{¶7} On January 18, 2013, appellant filed an emergency motion for relief to terminate protection immediately. Appellant requested immediate termination of the protection order because the protection order caused a loss of income and caused his inability to pay for health insurance. On January 28, 2013, the trial court denied appellant's emergency motion for relief to terminate protection immediately, citing to the previous decisions for its reasons in denying the motion. Appellant filed an appeal of this decision on February 26, 2013.

{¶8} Appellant does not specifically enumerate his assignments of error. However, after reviewing appellant's brief and contentions, we have interpreted his ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.