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AM and JV, LLC v. MyFlori, LLC

Court of Appeals of Ohio, Tenth District

February 15, 2018

AM and JV, LLC et al., Plaintiffs-Appellees,
v.
MyFlori, LLC et al., Defendants-Appellants, John Does 1-5, Defendants-Appellees.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 13CV-4488)

         On brief:

          The Donnell Law Group, and Titus G. Donnell, for appellees AM and JV, LLC, and Aleksandar G. Mitrevski.

         Argued:

          Titus G. Donnell.

         On brief:

          Anthony Law LLC, Michael J. Anthony, Vincent P. Zuccaro, and Andrew D. Randol, for appellants MyFlori, LLC, and Jim Velio.

         Argued:

          Andrew D. Randol.

          DECISION

          DORRIAN, J.

         {¶ 1} Defendants-appellants, Jim Velio ("Velio") and MyFlori, LLC ("MyFlori") (collectively "appellants"), appeal the September 14, 2016 decision and entry of the Franklin County Court of Common Pleas. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} This matter arises out of a dispute between Velio and Aleksandar G. Mitrevski ("Mitrevski"), joint owners of the business venture AM and JV, LLC ("AM and JV"). Prior to entering into business with Velio, Mitrevski operated a used car dealership at 1940 South High Street in Columbus ("the property"), a property which he owned.

         {¶ 3} In 2008, Velio approached Mitrevski about becoming a partner in Mitrevski's dealership. Following negotiations, Mitrevski and Velio formed AM and JV as joint owners pursuant to an operating agreement that both signed. Velio agreed to provide Mitrevksi with $195, 000 and to invest an additional $50, 000 in the business. In exchange, Mitrevski transferred the title for the property to AM and JV and agreed to invest $50, 000 in the business. Mitrevski was responsible for the day-to-day operations of the dealership and was to receive a salary. Profit from the business was to be split equally between Mitrevski and Velio. The operating agreement specifically provided that "[t]he unanimous consent of the Members shall be required before the Company may * * * [a]quire, sell, lease or other transfer or disposition of, or mortgage, pledge or the placing or suffering of any other encumbrance on or affecting all of the Company's property or any portion thereof." (Appellant's Sept. 14, 2015 Motion for New Trial, Ex. B, Operating Agreement at 5-6.)

         {¶ 4} According to Mitrevski, in January 2010, Toty Auto Repair ("Toty") began renting part of the property for $2, 000 per month, which he split with Velio. In June 2010, Mitrevski and Velio agreed to sell the property because the business was failing. While they waited for the property to sell, Mitrevski claimed that Velio agreed to take all the rent money, and Mitrevski would take any income from the used car dealership.

         {¶ 5} Around October 2010, Mitrevski claimed that Velio ordered him to leave the property. As a result, Mitrevski took some of AM and JV's cars from the property to a new lot across the street at 1872 South Pearl Street and began operating a used car dealership as a separate, new business from AM and JV. According to Mitrevski, Velio agreed to split with Mitrevski the rent he received from the property because Mitrevski had moved. Thereafter, Mitrevski attempted to sell the property to Spartak Selimaj ("Selimaj"). Mitrevski stated that Selimaj paid both him and Velio earnest money as a down payment for the property, but canceled the deal after discovering the property ...


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