from the Court of Common Pleas, Case No. 2017CV01240
Plaintiff-Appellant PAUL EDWARD BUNTING, Pro Se.
Defendants-Appellees MARY & GREGORY WATTS, Pro Se.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, Jr., J.
1} Plaintiff-Appellant, Paul Edward Bunting, appeals
the July 31, 2017 judgment entry of the Court of Common Pleas
of Stark County, Ohio, granting the motion to dismiss filed
by Defendants-Appellees, Mary and Greg Watts.
AND PROCEDURAL HISTORY
2} Because this case was disposed of via a motion to
dismiss the complaint, we glean the following facts from the
limited pro se pleadings.
3} On or about March 27, 2008, Mary Jane Bunting became ill
and was hospitalized. Ms. Bunting had two children, appellant
and appellee Mary Watts. On April 1, 2008, Ms. Bunting
granted her daughter a durable unlimited power of attorney to
handle her affairs. On April 4, 2008, appellee Mary Watts, by
virtue of her power of attorney, transferred Ms.
Bunting's prefab manufactured modular home to her
husband, appellee Greg Watts. Ms. Bunting passed away on
April 5, 2008. The power of attorney and quit claim deed were
recorded on April 9, 2008.
4} On June 19, 2017, appellant filed a pro se complaint for
declaratory judgment against his sister and her husband.
Appellant sought a declaration from the trial court regarding
the validity of the power of attorney and the subsequent
conveyance of Ms. Bunting's real property. Appellant
claimed his sister obtained the power of attorney from his
mother through fraud, arguing the notary acknowledged the
signatures on April 3, 2008, two days after the signing.
Appellant also claimed his sister engaged in illegal
self-dealing in transferring Ms. Bunting's real property
to her husband instead of filing decedent's estate in
probate, and as a result, was unjustly enriched. Appellant
further claimed at ¶ 20 that his sister used the power
of attorney "as a weapon to cease and desist all medical
life-support to purposefully cause the death of
Decedent." Attached to the complaint were copies of the
power of attorney and the quit claim deed.
5} On July 11, 2017, appellees filed a pro se answer and
requested a dismissal of the case, stating in part appellant
has been trying to sue them for over nine years from prison
and there was no monetary gain after bills and the funeral
expenses were paid. Attached to their answer were copies of
judgment entries dismissing complaints appellant had filed in
2008 (Case Nos. 2008CV02544 and 2008CV04511).
6} By judgment entry filed July 31, 2017, the trial court
dismissed the case pursuant to Civ.R. 12(B)(6) in accordance
with the cited case law therein, that being,
"[d]ismissal is appropriate where it appears beyond
doubt that the complaining party can prove no set of facts in
support of the complaining party's claim that would
entitle said party to relief."
7} Appellant filed an appeal and this matter is now before
this court for consideration. ...