Court of Appeals of Ohio, Fifth District, Tuscarawas
IN THE MATTER OF: THE ESTATE OF: BRYON L. HOLBROOK Deceased
Civil
Appeal from the Court of Common Pleas, Probate Division, Case
No. 2014 ES 57826
For
Appellants MICHELA HUTH
For
Appellee GREG BECK, ANDREA K. ZIARKO
Hon.
Patricia A. Delaney, P. J. Hon. William B. Hoffman, J. Hon.
John W. Wise, J.
OPINION
Wise,
John, J.
{¶1}
Appellants Irvin Huth, Kay Huth, and Michela Huth appeal the
decision of the Court of Common Pleas, Probate Division,
Tuscarawas County, which denied their motion to vacate
judgment regarding attorney fees in favor of
Defendant-Appellee Tama Kus, Administrator of the Estate of
Bryon Holbrook, and subsequently denied appellants'
request to supplement their earlier objection to the
underlying magistrate's decision.[1]The relevant facts leading to
this appeal are as follows.
{¶2}
Bryon Holbrook died intestate in July 2014. On August 6,
2014, his estate administration was opened in the Tuscarawas
County Probate Court (case number 2014 ES 57826). Bryon's
mother, Appellee Tama Kus, became the administrator of his
estate.
{¶3}
On August 12, 2014, Appellee Kus filed a concealment action
under R.C. 2109.50 against Michela Huth. On September 15,
2014, Kus filed an amended complaint adding alleged estate
creditors Kay Huth and Irvin Huth.[2] On October 13, 2015, the
probate court magistrate, in a twenty-nine page decision,
found inter alia Irvin Huth and Michela Huth guilty
of wrongful possession of items of the Holbrook Estate,
including a 2013 Silverado pickup truck. The magistrate made
these two parties liable for attorney fees, to be determined
by the probate court upon approval and adoption of the
magistrate's decision.
{¶4} On October 28, 2015, the probate
court adopted the magistrate's decision.[3]
{¶5}
On November 3, 2015, the court ordered the scheduling of an
attorney fee hearing before the magistrate on November 30,
2015. A further hearing was necessitated on February 5, 2016.
{¶6}
On March 1, 2016, the magistrate found inter alia
that Appellee Kus should receive a total of $7, 837.50 in
attorney fees from Michela Huth, $1, 972.50 of which would be
a joint and several liability of lrvin Huth.
{¶7}
On March 14, 2016, appellants objected to said
magistrate's decision, therein informing the court that
the objection would be supplemented upon the receipt of
ordered transcripts. The objections of March 14, 2016 were
cursory, with no specific objections listed therein.
{¶8}
On April 18, 2016, appellants filed a motion for an extension
of time to pay for the transcripts until June 22, 2016. The
probate court granted the requested extension on April 22,
2016.
{¶9}
On August 5, 2016, appellants' attorney, Michela Huth,
was informed via email from the court reporter that the
transcript of the attorney fee hearings was ready, and that
additional monies ($219.50), above the estimated amount
...