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Folck v. Folck

Court of Appeals of Ohio, Second District

August 2, 2013

NEAL C. FOLCK Plaintiff-Appellant
v.
HELEN N. FOLCK, et al. Defendants-Appellees

Civil appeal from Common Pleas Court, T.C. NO. 12CV313

NEAL C. FOLCK, Plaintiff-Appellant.

JOHN R. BUTZ, Atty. Reg. No. 0003453, Attorney for Defendants-Appellees Helen and Glen Folck

MARK F. ROBERTS, Defendant-Appellee.

OPINION

DONOVAN, J.

{¶ 1} This matter is before the Court on the pro se Notice of Appeal of Neal C. Folck, filed December 14, 2012. Neal appeals from the trial court's dismissal of his complaint for lack of subject matter jurisdiction. We hereby affirm the judgment of the trial court.

{¶ 2} Neal filed his pro se Complaint on March 30, 2012, against his mother, Helen N. Folck, his brother, Glen A. Folck, and Mark Roberts (collectively, "Defendants"). According to the complaint, the Defendants "have removed and hold personal assets of the Plaintiff that include childhood items, family heirlooms, motorcycles, jewelry, antiques, household articles, clothing, etc. After repeated requests of the Defendants by Plaintiff, * * * it has caused not only substantial mental cruelty, duress, but financial hardship to the Plaintiff" Neal demanded that "the safe return of the articles listed be accomplished immediately and $3, 000, 000 be paid" to him.

{¶ 3} On April 12, 2012, Helen and Glen filed a motion to dismiss, pursuant to Civ.Rs. 8(A) and 10(A) and (B). Helen and Glen further asserted that Neal "has sued the same Defendants for the same alleged action in Clark County Municipal Court Case 11 CVF 0272. * * * That case remains pending. This present case should be dismissed pursuant to Civ.R. 12(B) for lack of jurisdiction over the subject matter." Attached to the motion to dismiss is a copy of a pro se complaint, filed August 23, 2011, by Neal against Defendants in Clark County Municipal Court, along with a corresponding summons. The attached complaint provides: "Plaintiff prays for judgment against Defendants for the loss, misallocation, or hiding of my personal assets previously located at 4938 Springfield-Xenia Road, Springfield, Ohio. Said assets were part of Plaintiffs purchase of his deceased sister's estate * * * and title and possession were the Plaintiffs. A quick and decisive judgment is requested." On April 16, 2012, Mark Roberts filed a motion to dismiss, incorporating by reference the arguments contained in Helen's and Glen's motion to dismiss.

{¶ 4} On April 23, 2012, Neal filed an "Answer to Defendants' Motions to Dismiss, " in which he asserted that the motions to dismiss must be "squelched in their entirety and the Common Pleas Court Case No. 12CV0313 must be allowed to continue. * * * A Case Brief will be filed subsequently * * * that will fully explain the devious, pre-meditated, unremorseful, harassing and unlawful actions of the Defendants * * *." On April 27, 2012, Neal filed a lengthy "Case Brief containing multiple attachments and photographs.

{¶ 5} On May 9, 2012, the Magistrate issued a decision that provides as follows:

* * * while the Plaintiff has filed a document styled "Case Brief, " the Plaintiff has failed to address the issues raised by the motion to dismiss. The Magistrate concludes that this court lacks jurisdiction over the subject matter of the action since Clark County Municipal Court Case 11 CVF 0272 remains pending and that case concerns the same alleged actions as alleged in this case. The Magistrate recommends that this action be dismissed at Plaintiff s cost.

{¶ 6} On May 15, 2012, Neal filed "Objections to Magistrate's Decision, " which provide as follows:

* * * the Common Pleas Court of Clark County, Ohio does have jurisdiction over Case No. 12CV0313. Please find attached the Magistrate's Decision in the Clark County Municipal Court Case No. 11CV0272 not to transfer the Case to Common Pleas Court, not to schedule a hearing date, and not to cancel. Please find the latest filed Motion to cancel Case No. 11CVF0272. The violations, clearly stated in Case No. 12CV0313, took place in Clark County, Ohio. Defendant, Helen N. Folck was the property owner of 4938 Springfield-Xenia Road, Springfield, Ohio 45506 at the time of the violations. Defendant, Mark F. Roberts is a Registered Ohio Attorney that was practicing law in Clark County, Ohio at the time of the violations. The Case No. 11CVF0272 must be dismissed in the Municipal Court of Clark County, Ohio by the attached Motion to Dismiss filed on today's date and Case No. 12CV0313 allowed to proceed.

{¶ 7} Attached to the "Objections" is a copy of the Magistrate's Decision of May 9, 2012, as well as a time-stamped copy of a Motion to Dismiss, filed in the municipal court on May 15, 2012, which provides: "This Motion to Dismiss is being requested by Plaintiff, Neal C. Folck, pro se. Since the Magistrate would not transfer this Case to Common Pleas Court of Clark County, Ohio and has failed to schedule a hearing date/cancel, it is paramount that Case No. 11CVF0272 be cancelled forthwith." Also attached to the Objections is a copy of a Magistrate's Decision, issued in response to Neal's motion to transfer the matter from the municipal court to the court of common pleas. The decision indicates that Neal's municipal court complaint sought relief in the amount of $15, 000.00, an amount which "does not exceed the municipal court jurisdictional limit."[1] The decision concludes that "if he believes he is entitled to damages in excess of $15, 000.00, [Neal] is free to dismiss the present action and ...


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