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Broadmoor Center, LLC v. Dallin

Court of Appeals of Ohio, Tenth District

June 1, 2017

Broadmoor Center, LLC [nka Broadmoor Center Management, LLC], Plaintiff-Appellant,
v.
Mohamud Dallin et al., Defendants-Appellees.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 08CVH-14372)

         On brief:

          Kevin O'Brien & Associates Co., L.PA., and Kevin J. O'Brien, for appellant.

          Eugene P. Weiss, LLC, and Eugene P. Weiss, for appellee.

         Argued:

          Eugene P. Weiss.

          DECISION

          HORTON, J.

         {¶ 1} Plaintiff-appellant, Broadmoor Center, LLC, appeals from an August 9, 2016 order of the Franklin County Court of Common Pleas vacating the June 20 and August 1, 2016 garnishment orders against defendant-appellee, Mohamud Dallin. Because we conclude that the order from which appellant sought relief was not a final appealable order, we dismiss the appeal.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On December 22, 2009, appellant obtained a default judgment against appellee in the amount of $63, 604.84, plus interest related to back rent and damages. After several years, appellant learned appellee had been operating a sole proprietorship called Mohamud Dallin, d.b.a. Golden Age Day Care Service, which had a contract with the city of Columbus ("the City").

         {¶ 3} On March 8, 2016, appellant filed an order and notice of garnishment of property other than personal earnings against appellee, listing the City's Treasurer's Office as the garnishee. However, when appellant filed its notice to appellee, appellant filed a notice of wage garnishment rather than a notice of garnishment of property other than personal earnings. Appellee filed a request for a garnishment hearing, alleging improper service and "any other defenses applicable to this matter." (Mar. 23, 2016 Request for Hearing.)

         {¶ 4} On April 12, 2016, the magistrate conducted a hearing on the order and notice of garnishment of property other than personal earnings. In an April 29, 2016 decision, the magistrate concluded: (1) the garnishment filed March 8, 2016 was defective due to appellant's failure to strictly comply with the notice provisions for garnishment of personal property other than personal earnings provided in R.C. Chapter 2716; and (2) the garnishment was void because the City was not a proper garnishee as authorized by R.C. 2716.01(B), since the statute referred to funds in the possession of a "person" and the City was not included as a person in the definition of same under R.C. 1.59, and further that the City was administering a state obligation. (Apr. 29, 2016 Mag.'s Decision.)

         {¶ 5} Appellant filed objections to the magistrate's decision and appellee filed a response. In a June 1, 2016 judgment entry, the trial court overruled appellant's objections and adopted the magistrate's decision of April 29, 2016, ordering "(1) The Garnishment filed on March 8, 2016 was defective; (2) The Notice given to defendant Dallin failed to meet the strict requirement of the statute; (3) The Garnishment was issued to the City of Columbus who was administering a state obligation and was therefore void." (June 1, 2016 Jgmt. Entry.)

         {¶ 6} In addition, on June 3, 2016, the trial court (1) struck appellant's creditor's bill, (2) denied appellant's motion to hold appellee in contempt, and (3) granted appellee's motion for attorney fees related to his response to appellant's objections to the magistrate's decision. (Decision and Entry.) In a separate order dated June 6, 2016, the trial court ordered a hearing before a magistrate to determine the appropriate amount of attorney fees. (Order of Reference.)

         {¶ 7} On June 7, 2016, Broadmoor filed a notice of appeal, appealing from the trial court's June 1, 2016 judgment entry and the June 3, 2016 decision and entry. On December 30, 2016, we issued a decision in Broadmoor Ctr. LLC v. ...


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