KATHLEEN TEAGUE, et al. Appellee
ERNEST SCHMELTZER Appellant
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. 2015-CV-006
SCHMELTZER, pro se, Appellant.
WEIGANT, Attorney at Law, for Appellee.
TERRENCE L. SEEBERGER, Attorney at Law, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, JUDGE.
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.
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.
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.
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.
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.
OF ERROR ONE
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 ...