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McHenry v. McHenry

Court of Appeals of Ohio, Fifth District

August 26, 2013

CINDY MCHENRY Plaintiff-Appellee
v.
GLENN MCHENRY, JR. Defendant-Appellant

Civil Appeal from the Probate Court, Case No. 216246

KEVIN McMILLAN JONATHAN SOBEL KABAT, MIELZINER & SOBER For Plaintiff-Appellee

THOMAS C. LOEPP, MAISTROS & LOEPP For Defendant-Appellant

Hon. Sheila G. Farmer, P. J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Wise, J.

(¶1} Appellant Glenn McHenry, Jr. appeals the December 3, 2012, decision of the Stark County Probate Court granting a preliminary injunction in this matter.

STATEMENT OF THE FACTS AND CASE

(¶2} Appellant and Appellee are the son and daughter of the late Glenn McHenry, Sr. and are the sole beneficiaries of their father's trust. (T. at 32). Glenn is serving as the trustee of said trust. (T. at 2-3, 28-29, 40).

(¶1} Cindy claims that she was deceived into placing certain monies into an account of the trust and that she did not receive what she perceives as her full benefit from same and from the balance of the trust. (T. at 38). To that end, Cindy sought a TRO and preliminary injunction enjoining Glenn from titling certain property into his own name.

(¶2} On November 1, 2012, Appellee Cindy McHenry filed suit against her Appellant Glenn McHenry, Jr. claiming that Glenn had violated his fiduciary duties, among other allegations. Cindy sought a temporary restraining order.

(¶3} On November 1, 2012, the trial court granted said TRO.

(¶4} On December 3, 2012, a preliminary injunction hearing was held. Immediately following same, the trial court granted the preliminary injunction, enjoining Glenn "from transferring, assigning, alienating, placing liens upon or otherwise encumbering the real property at 3300 Oaklynn Street, N.W. Uniontown, Ohio 44685 and from damaging, wasting, or otherwise causing damage to said real property …". (Preliminary Injunction, Dec. 3, 2012).

(¶5} It is from this order that Appellant now appeals, assigning the following sole ...


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