Oscar L. Singer, Jr., Plaintiff-Appellee,
Bret Adams, Defendant-Appellant.
from the Franklin County Court of Common Pleas (C.P.C. No.
& Meizlish Co., LPA, Keith E. Golden, and Adam H. Karl
Adams, pro se.
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.
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 (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 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.
ASSIGNMENT OF ERROR
5} Adams, pro se, filed a timely notice of appeal.
He raises ...