Appeal from the Court of Common Pleas, Case No. 2015 CV 02169
Plaintiff-Appellee ROBERT J. TSCHOLL
Defendants-Appellants G. BRENDA COEY THE COEY LAW FIRM LLC
JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon.
Patricia A. Delaney, J.
Defendant-appellants Jackson Ridge Rehabilitation and Care
and Providence Healthcare Management, Inc. [collectively
"Appellants"] appeal the December 5, 2018, Judgment
Entry of the Stark County Court of Common Pleas granting
Appellee Rhonda Meadows' motion for attorney fees.
OF THE FACTS AND CASE
The relevant facts and procedural history are as follows.
Appellee Rhonda Meadows is a registered nurse. She was hired
by Appellants to be the director of nursing at Jackson Ridge
Rehabilitation and Care in September 2014. Jackson Ridge is
the registered trade name of Gaslite Leasing, LLC and
Providence Healthcare Management is an affiliated management
Meadows' terms of employment included health care under
the employer sponsored health care plan. Meadows took
advantage of that offered benefit and began working for
Appellants at Jackson Ridge on or about October 17, 2014.
In May 2015, Meadows suffered an acute medical condition and
required time off for surgery. Meadows contacted
Appellants' management regarding her need for surgery.
Appellants requested that Meadows wait until the annual
survey was completed before surgery was scheduled.
In mid-June 2015, Meadows medical condition became emergent
and she returned to her physician. The surgery was scheduled
for June 26, 2015. Meadows immediately conveyed to Appellants
her need for surgery. Meadows claimed that she was informed
on June 25, 2015 that if she had the surgery she would be
terminated from her employment.
Meadows claimed she had the surgery to relieve her pain on
June 26, 2015. She later learned that not only had Appellants
terminated her employment on June 25, 2015, but they had
terminated her health care insurance as well, so her surgery
and hospital stay were not covered. However, Meadows
contended that Appellants continued to deduct health care
premiums from her pay, which was shown on her last pay stub
on July 3, 2015.
Meadows filed suit on October 16, 2015.
On October 23, 2015, Jackson Ridge received service of
Jackson Ridge failed to timely answer, and Meadows moved the
trial court for default judgment against Appellants on
Friday, December 4, 2015.
On Monday, December 7, 2015, the trial court granted default
On December 11, 2015, Jackson Ridge moved the trial court for
leave to file its Answer instanter.
On December 15, 2015, Appellants filed a Civ.R. 60(B) Motion
for Relief from Judgment.
On August 25, 2016, following a hearing conducted by the
Magistrate, the trial court denied these Motions.
On September 9, 2016, the trial court set a Damage hearing
for October 27, 2016.
On September 23, 2016, Appellant filed a Notice of Appeal
with this Court. See Case No. 2016 CA 00174.
On October 24, 2016, this Court dismissed the appeal as not a
final appealable order.
The trial court reset the damage hearing for December 16,
On December 15, 2016, Appellants filed a Motion to Dismiss
for Lack of Jurisdiction. The parties briefed the ...