FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV 2015-08-4212
TAYLOR, pro se, Appellant.
LAURENCE A. LASKY, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO Judge.
Appellant, Tony Taylor Jr., appeals from the judgment of the
Summit County Court of Common Pleas granting summary judgment
in favor of Appellee, Park Street Group, LLC, Successor in
Interest to Harbour Portfolio VII, LP ("Park Street
Group"), finding Appellant's motion to dismiss and
motion for summary judgment without merit, and dismissing
Appellant's counterclaim. This Court reverses.
In May 2014, Harbour Portfolio VII, LP, entered into a land
contract with Tony Taylor Jr. and Reanna A. White, for the
property commonly known as 1189 Sherman Street, Akron, Ohio
44301. Payments were to be sent to a management company:
National Asset Advisors, LLC. On May 20, 2015, Harbour
Portfolio VII, LP, assigned its interest in the land contract
to Park Street Group, LLC. Park Street Group sent a 10-day
letter of "right to cure" to Mr. Taylor and Ms.
White in May 2015, and stated that it served Mr. Taylor and
Ms. White with a 3-day notice to leave the premises in June
2015. On July 14, 2015, Park Street Group filed a complaint
in the Akron Municipal Court for the forfeiture of the land
contract, money damages, and requesting restitution of the
premises, along with an action for forcible entry and
detainer. The complaint alleged that Mr. Taylor and Ms. White
were in breach of the land contract by failure to make
monthly payments and were in arrears in the amount of $3,
In July 2015, Mr. Taylor filed an answer to the complaint, a
motion to dismiss, and a counterclaim against Park Street
Group, alleging that the land contract was void as the City
of Akron had condemned the property prior to his purchase and
the condemnation had not been disclosed to him. Park Street
Group filed its motion for summary judgment and an answer to
the counterclaim in August 2015. Upon the motion of Mr.
Taylor, the municipal court ordered the case to be
transferred to the Summit County Court of Common Pleas. Mr.
Taylor filed a motion to dismiss, a motion "for third
party counterclaim, " and an "answer" to Park
Street Group's motion for summary judgment in December
2015. Mr. Taylor further filed a motion for summary judgment
and motion to dismiss in February 2016.
On April 29, 2016, the court of common pleas entered an order
granting Park Street Group's motion for summary judgment,
finding Mr. Taylor's motion for dismissal and summary
judgment without merit, dismissing Mr. Taylor's
counterclaim for failure to state any claims upon which
relief could be granted, and denying all other pending
motions as moot. The court further indicated that Park Street
Group would forego its right to recover past-due payments and
granted restitution of the premises and forfeiture of the
land contract. Mr. Taylor now appeals, raising four
assignments of error for review.
"[A]n appellant's assignment of error provides this
Court with a roadmap to guide our review." Taylor v.
Hamlin-Scanlon, 9th Dist. Summit No. 23873,
2008-Ohio-1912, ¶ 12. We note at the outset that
although Mr. Taylor lists four assignments of error at the
beginning of his brief, the body of the brief does not
separate out the individual assignments of error for analysis
as required by Loc.R. 7(B)(7). The majority of the brief
consists of large blocks of quoted case law, but does not
offer a clear or structured articulation of the arguments as
they apply to this case. We will only consider the four
assignments of error designated by Mr. Taylor, and will not
infer additional assignments from the body of the text. This
Court declines to chart its own course when an appellant
fails to provide guidance. Young v. Slusser, 9th
Dist. Wayne No. 08CA0019, 2008-Ohio-4650, ¶ 7.
OF ERROR ONE
TRIAL COURT ERRED BY DISMISSING APPELLANT'S
Mr. Taylor argues the circumstances of this case did not