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Marysville Estates v. Bruce

Court of Appeals of Ohio, Third District

September 23, 2013

MARYSVILLE ESTATES, PLAINTIFF-APPELLANT,
v.
RANDY BRUCE, DEFENDANT-APPELLEE.

Appeal from Marysville Municipal Court Trial Court No. 12 CVG 307

Elizabeth J. Birch for Appellant

Randy Bruce, Appellee

OPINION

ROGERS, J.

(¶1} Although originally placed on our accelerated calendar, we elect, pursuant to Local Rule 12(5), to issue a full opinion in lieu of a judgment entry.

(¶2} Plaintiff-Appellant, Marysville Estates Mobile Home Park ("Marysville Estates"), appeals the judgment of the Marysville Municipal Court, denying its request for a writ of execution. On appeal, Marysville Estates contends that the trial court erred in denying Marysville Estates' request on the bases that it did not pray for such relief in its complaint and did not join the County Treasurer, Auditor, or Prosecuting Attorney to the action. For the reasons that follow, we reverse the trial court's judgment.

(¶3} It is undisputed that Appellee, Randy Bruce, failed to pay rent to Marysville Estates, in violation of his lease. Marysville Estates subsequently filed a complaint for Forcible Entry and Detainer ("FED Complaint") on April 25, 2012 in the Marysville Municipal Court. On May 8, 2012, an eviction hearing was held and the magistrate found in favor of Marysville Estates. The Magistrate's Order stated, "Plaintiff has requested that a writ of execution upon this judgment for restitution of the premises at 31 Spruce Drive, Marysville, Ohio 43040 be issued and delivered to the sheriff, police officer, constable, or bailiff forthwith pursuant to R.C. 1923.13 causing [Bruce] and [Bruce's] goods and chattels to be removed immediately from said premises." (Docket No. 5, p. 2).

(¶4} Once it was clear to Marysville Estates that Bruce had abandoned his mobile home, Marysville Estates filed a motion for a writ of execution on January 22, 2013. The trial court denied Marysville Estates' writ of execution on March 21, 2013 stating that Marysville had not joined the Union County Auditor, Treasurer, and Prosecuting Attorney as necessary parties nor did it pray, in its FED Complaint, for anything other than restitution of the premises.[1] On May 20, 2013, the case was dismissed with prejudice.

(¶5} Marysville Estates then timely appealed this judgment, presenting the following assignments of error for our review.

Assignment of Error No. I

THE TRIAL COURT ERRED IN DENYING APPELLANT'S R.C. § 1923.13 POST-EVICTION WRIT OF EXECUTION FOR THE DISPOSAL OF THE MOBILE HOME ABANDONED ON APPELLANT'S PREMISES, AS APPELLANT MET ALL PLEADING REQUIREMENTS UNDER OHIO'S ABANDONED MOBILE HOME LAW.

Assignment of Error No. II

THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION FOR A POST-EVICTION WRIT OF EXECUTION SUBMITTED PURSUANT TO R.C. SECTIONS 1923.12, 1923.13 AND 1923.14 AS THE AUDITOR, TREASURER AND PROSECUTING ATTORNEY ARE NOT NECESSARY PARTIES TO THE EVICTION ACTION NOR TO THE POST-EVICTION ...


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