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Singer v. Adams

Court of Appeals of Ohio, Tenth District

June 18, 2019

Oscar L. Singer, Jr., Plaintiff-Appellee,
v.
Bret Adams, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 17CV-1610)

         On brief:

          Golden & Meizlish Co., LPA, Keith E. Golden, and Adam H. Karl for appellant.

          Bret Adams, pro se.

         Argued:

          Adam H. Karl.

          DECISION

          PER CURIAM

         {¶ 1} Defendant-appellant, Bret Adams, appeals from a judgment of the Franklin County Court of Common Pleas, pursuant to a bench trial, in favor of plaintiff-appellee, Oscar L. Singer, Jr. For the following reasons, we affirm.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On February 14, 2017, Singer filed a complaint against Adams, as well as Bret Adams dba FMMF and FM2, LLC dba FMMF Fashion Music Festival[1] (herein collectively referred to as "defendants"), alleging (1) breach of contract for failure to repay a $50, 000 loan Singer made to secure the performance of hip hop artist Ludacris at a music festival defendants were coordinating; (2) breach of contract for failure to pay plaintiff $6, 000 for an Emergency Operations/Security Plan Singer provided for the music festival; (3) fraud; (4) unjust enrichment; (5) promissory estoppel; and (6) punitive damages. Defendants filed an answer and counterclaim. The counterclaim[2] alleged one count of abuse of process. The counterclaim in effect alleged that Singer had abused process by naming Adams individually as a defendant in the case because Singer had wired the $50, 000 to a bank account belonging to defendant FM2, LLC.

         {¶ 3} Upon Singer's motion, on May 8, 2019, the court granted Singer default judgment as to liability only against defendant FM2, LLC.

         {¶ 4} On September 24, 2018, the court held a bench trial. In the final judgment entry, the court found that based on the evidence presented at trial, and weighing the credibility of the parties, an oral contract existed between Singer and Adams for repayment of the loan to secure the performance of Ludacris. The court specifically noted that the contract was not between Singer and FM2, LLC dba FMMF Fashion Meets Music Festival. Rather, the court found that Adams was personally liable for the loan amount of $50, 000, plus prejudgment interest from June 4, 2015 at the statutory rate, plus postjudgment interest at the statutory rate, plus costs. The court further found that a contract existed between Singer and defendant FM2, LLC dba FMMF Fashion Music Festival for payment of services in the amount of $6, 000 plus interest at the statutory rate. The court found no evidence to support the claims of fraud and punitive damages and determined that the claims for unjust enrichment and promissory estoppel "no longer have merit" given the court's decision regarding the breach of contract claims. (Oct. 8, 2018 Jgmt. Entry at 2.) The court noted that the final judgment entry was a final appealable order and there was no just cause for delay.

         II. ASSIGNMENT OF ERROR

         {¶ 5} Adams, pro se, filed a timely notice of appeal. He raises ...


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