Court of Appeals of Ohio, Eleventh District, Trumbull
JOHN R. BARYAK, Plaintiff-Appellant,
WERNER LANGE, et al., Defendants-Appellees.
Appeal from the Trumbull County Court of Common Pleas. Case
No. 2016 CV 00455. Judgment: Affirmed.
H. Large, (For Plaintiff-Appellant).
Lange, pro se, (Defendant-Appellee).
Kelly, and Eric J. Williams, Pelini, Campbell & Williams,
LLC, (For Defendant-Appellee Bruce Moore).
TIMOTHY P. CANNON, J.
Appellant, John R. Baryak, appeals from the March 24, 2017
judgment of the Trumbull County Court of Common Pleas. The
trial court granted monetary sanctions in favor of appellees
Werner Lange and Bruce Moore against appellant and his
attorney. The trial court's judgment is affirmed for the
On December 14, 2014, appellant filed a complaint in the
Trumbull County Court of Common Pleas against Lange and Moore
(case No. 2014 CV 02269). On November 1, 2015, appellant
voluntarily dismissed the action pursuant to Civ.R.
Appellant re-filed his complaint on March 15, 2016 (case No.
2016 CV 00455). The complaint alleged abuse of process,
intentional infliction of emotional distress, tortious
interference with business, and libel. Appellant requested
compensatory damages in excess of $100, 000.00, punitive
damages, attorney fees, the cost of the action, and other
fair and equitable relief.
On March 22, 2016, Lange filed a pro se answer and motion to
dismiss, arguing the re-filed complaint was frivolous. Lange
requested the trial court dismiss the action with prejudice,
order appellant to cease filing baseless lawsuits, and grant
any fair and equitable monetary relief. The trial court
denied the motion to dismiss.
Moore filed an answer on April 18, 2016, through counsel. As
an affirmative defense, he alleged appellant's complaint
should be dismissed with prejudice as a frivolous action
pursuant to Civ.R. 11 and R.C. 2323.51. Moore requested he be
awarded his attorney fees, the costs of the action, and any
other fair and equitable relief.
Lange filed a motion for judgment on the pleadings and for
summary judgment on June 23, 2016. In his motion, Lange
requested the action be declared frivolous and he be awarded
compensation for the time and expense imposed on him by
appellant's "meritless lawsuits." Appellant did
not file a response.
Moore filed a motion for summary judgment on September 26,
2016. In his motion for summary judgment, Moore requested
sanctions and attorney fees pursuant to R.C. 2323.51 due to
appellant's frivolous conduct. Appellant did not file a
Appellant voluntarily dismissed case No. 2016 CV 00455 on
October 4, 2016, pursuant to Civ.R. "41(A)."
On November 28, 2016, Moore filed a motion for sanctions and
attorney fees pursuant to R.C. 2323.51. Appellant did not
file a response to the motion or appear at the December 20,
2016 hearing on the motion. The trial court granted the
motion on January 4, 2017, awarding Moore his reasonable
expenses and attorney fees. The trial court set a damages
hearing for February 14, 2017.
On January 10, 2017, Lange filed a pro se motion requesting
sanctions and that the court declare appellant a ...