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Teague v. Schmeltzer

Court of Appeals of Ohio, Ninth District, Summit

January 10, 2018

KATHLEEN TEAGUE, et al. Appellee
v.
ERNEST SCHMELTZER Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. 2015-CV-006

          ERNEST SCHMELTZER, pro se, Appellant.

          JASON WEIGANT, Attorney at Law, for Appellee.

          TERRENCE L. SEEBERGER, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, JUDGE.

         {¶1} Ernest Schmeltzer appeals the order of the Summit County Court of Common Pleas Probate Division dismissing case no. 2015-CV-006 and consolidated cases. This Court affirms.

         I.

         {¶2} Constance and Julius Schmeltzer passed away in 2012 and 2013, respectively, leaving behind, as the beneficiaries of two living trusts, three adult children: Kathleen Teague, Steven Schmeltzer, and Ernest Schmeltzer. This matter was initiated by the filing of a complaint by Kathleen Teague, Executrix of the Estate of Julius Schmeltzer, against Steven Schmeltzer, and demanding the return of certain assets of the estate. Subsequently, Steven Schmeltzer filed a complaint for declaratory judgment against Kathleen Teague and Ernest Schmeltzer that was consolidated under the 2015-CV-006 case number, along with other related probate cases. Upon the motion of Steven Teague, partial summary judgment was granted by the trial court, finding a distribution agreement among the three adult children to be valid.

         {¶3} A mediation conference was conducted on October 19, 2016, with the parties entering into a preliminary settlement agreement. The agreement provided, in pertinent part, that the business entity of Old Portage Company was to pay Ernest Schmeltzer $30, 000.00 within 14 days of entering into a final agreement. The agreement also provided that all litigation was to be dismissed with prejudice upon the execution of the final agreement. A final settlement agreement was subsequently prepared and signed by all parties. On January 13, 2017, Ernest Schmeltzer filed a motion for the enforcement of the settlement agreement and for sanctions. In her response brief, Ms. Teague attached a copy of a notice of lien sent to Old Portage Company from the Office of the Attorney General of Texas, Child Support Division, detailing the attachment of a lien to any and all funds payable to Ernest Schmeltzer. On January 31, 2017, Ernest Schmeltzer filed a "motion and notice of withdrawal of signature to settlement agreement and motion for contempt" based upon the placement of the lien and alleging that the other parties had improperly contacted the Office of the Attorney General of Texas.

         {¶4} On March 10, 2017, the trial court denied Ernest Schmeltzer's motion for enforcement and sanctions and his motion and notice of withdrawal of signature to settlement agreement and motion for contempt, noting that his unrelated debts did not relate to his voluntary signature upon the settlement agreement. The order further denied Ms. Teague's request for an oral hearing as moot. On April 7, 2017, Ms. Teague and Steven Schmeltzer filed a joint motion for an order of dismissal with prejudice, noting that Ernest Schmeltzer had indicated he would not sign an agreed dismissal entry until he received his settlement funds, upon which the lien had been placed. On April 10, 2017, the trial court entered an order of dismissal, indicating the parties had entered into a settlement agreement and that under the terms of the agreement, all parties agreed to dismiss all claims against each other with prejudice.

         {¶5} Also on April 10, 2017, Ernest Schmeltzer filed a notice of interlocutory appeal of the trial court's order of March 10, 2017. Pursuant to his request, this Court's journal entry of September 13, 2017, amended Ernest Schmeltzer's notice of appeal to include an appeal of the trial court's April 10, 2017, order and dismissed his appeal from the trial court's order of March 10, 2017.

         II.

         ASSIGNMENT OF ERROR ONE

         THE TRIAL COURT ERRED IN DENYING APPELLANT ERNEST SCHMELTZER'S MOTION TO ENFORCE AND FOR DELAY, AND HIS MOTION TO WITHDRAW SIGNATURE AND FOR CONTEMPT, AND DENYING APPELLEE'S REQUEST FOR ...


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