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Clareshire Court Condominium Unit Owners' Association v. Montilla

Court of Appeals of Ohio, Eighth District

September 12, 2013

CLARESHIRE COURT CONDOMINIUM UNIT OWNERS' ASSOCIATION, PLAINTIFF-APPELLEE
v.
JULIE M. MONTILLA, ET AL., DEFENDANTS-APPELLANTS

Civil Appeal from the Cuyahoga County Common Pleas Court Case No. CV-544136.

FOR APPELLANT Richard A. Medlar, pro se.

ATTORNEYS FOR APPELLEES: Clareshire Court Condominium Unit Owners' Association Dean W. Kanellis Leonard A. Cuilli Keith D. Weiner & Associates Co., Third Federal Savings and Loan Association Bryan F. Hegyes Jones & Hegyes Co., L.P.A.

BEFORE: EA. Gallagher, J., Jones, P.J., and S. Gallagher, J.

JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.

(¶ 1} Richard A. Medlar appeals from the decision of the trial court granting summary judgment in favor of the Clareshire Court Condominium Unit Owners' Association. For the reasons enunciated below, the within appeal is hereby dismissed.

(¶2} Clareshire Court filed a complaint against Julie M. Montilla and Third Federal Savings and Loan seeking to foreclose on three certificates of lien for unpaid common expenses. Montilla filed an answer disputing the alleged expenses and fees and asserted a variety of counterclaims, including intentional infliction of emotional distress. Montilla died during the pendency of the proceedings and the trial court, upon motion of the defendant, substituted her estate as the defendant herein.

(¶ 3} Clareshire Court moved for summary judgment, the estate responded and the trial court found in favor of Clareshire Court. The estate filed a notice of appeal from the first judgment, Clareshire Court Condo. Unit Owners v. Montilla, 8th Dist. Cuyahoga No. 90461, 2008-Ohio-4242. This court determined that the trial court did not err in ruling on the parties' discovery dispute and that there was no evidence demonstrating Montilla's intentional infliction of emotional distress claim. However, this court held that genuine issues of material fact remained as to the amount owed by Montilla and/or Clareshire Court. The court reversed and remanded the matter for further proceedings.

(¶ 4} Proceedings resumed at the trial court. However, on the day of the scheduled trial, the court stayed the proceedings because of the Chapter 7 Bankruptcy filing of Richard A. Medlar, fiduciary for the estate of Montilla. We acknowledge that the court's journal entry of April 21, 2009 denotes Medlar as a defendant, however, this is incorrect. Medlar never intervened as a party and was, therefore, not a defendant in the within matter. He was appointed a fiduciary through the Cuyahoga County Probate Court in November, 2006. The court reinstated the case once Medlar's bankruptcy petition was dismissed and Medlar began filing documents as fiduciary of the estate.

(¶ 5} Clareshire Court filed a second motion for summary judgment, which Medlar, "the Fiduciary of the Estate" opposed. The magistrate hearing the instant matter filed a recommendation that summary judgment be entered in favor of Clareshire Court on the claims set forth in the amended complaint and to Clareshire Court on the counterclaim of the estate. Medlar, this time styling himself as "the property owner" and as fiduciary for the estate, filed objections to the magistrate's decision.[1] The trial court overruled Medlar's objections, adopted the magistrate's decision and entered judgment in favor of Clareshire Court.

(¶ 6} Medlar appealed, raising the following three assignments of error:

The trial court erred to the prejudice of Appellants by failing to dismiss Appellee's causes of action due to failure to respond to discovery requests for well over one (1) year.
The trial court erred to the prejudice of Appellants by granting Appellee's Motion for Summary ...

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