Broadmoor Center, LLC [nka Broadmoor Center Management, LLC], Plaintiff-Appellant,
Mohamud Dallin et al., Defendants-Appellees.
from the Franklin County Court of Common Pleas (C.P.C. No.
O'Brien & Associates Co., L.PA., and Kevin J.
O'Brien, for appellant.
P. Weiss, LLC, and Eugene P. Weiss, for appellee.
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.
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. ...