Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Woodford v. Ohio Real Estate Commission

Court of Appeals of Ohio, Tenth District

July 16, 2019

Carl Woodford et al., Appellants-Appellants,
v.
Ohio Real Estate Commission, Appellee-Appellee.

          ON APPEAL from the Franklin County Court of Common Pleas, C.P.C. No. 18CV-4598

         On brief:

          Stephen P. Linnen, for appellants.

          [Dave Yost], Attorney General, and Brian R. Honen, for appellee.

         Argued:

          Stephen P. Linnen.

          Brian R. Honen.

          DECISION

          HANDWORK, J.

         {¶ 1} This is an appeal from a judgment of the Franklin County Court of Common Pleas that affirmed the order of the Ohio Real Estate Commission ("the commission"), which ordered the revocation of Carl H. Woodford's real estate salesperson's license. Although no action was taken by the commission regarding Woodford Contemporary Real Estate Inc. ("Contemporary"), Contemporary joined in the notice of appeal. For the following reasons, we affirm the judgment of the Franklin County Court of Common Pleas.

         I. Facts and Procedural History

         {¶ 2} Woodford held a real estate salesperson license. Benjamin L. Jackson and Woodford entered into an agreement where Woodford's company, First National Cash Refund ("First National") would bid on Jackson's property, which was the subject of a tax foreclosure, at an auction. The two men agreed that if First National were the high bidder, Jackson could purchase the property back. First National was the high bidder and paid a deposit. However, First National failed to complete the purchase but did not inform Jackson. Between June 21, 2014 and October 28, 2014, Jackson provided $41, 000 to Woodford, and First National did not convey the property to Jackson or return the money. Jackson filed a complaint with the Ohio Division of Real Estate and Professional Licensing ("the division").

         {¶ 3} On November 7, 2017, the division sent Woodford a notice of formal hearing which informed him of charges against him and set a date and time for a formal hearing. Attached to the hearing notice was Schedule A, which specified the charges against Woodford. The division served the notice by certified mail to 798 Euclaire Avenue, the address Woodford provided to the division. The signed, certified mail receipt was returned to the division demonstrating that service had been completed.

         {¶ 4} Subsequently, the division requested a continuance which the hearing officer granted. On December 18, 2017, the hearing officer held a telephone conference to schedule a new hearing date. Woodford participated in the telephone conference with counsel for the division and the hearing officer. The parties agreed to a new hearing date of January 26, 2018 at 10:00 a.m. The hearing officer then confirmed the new hearing date and time through email. A new scheduling order was sent by certified mail to Woodford at the Euclaire address. Woodford did not attend the hearing.

         {¶ 5} After the hearing, on January 29, 2018, the scheduling order was returned marked by the post office as unclaimed and unable to forward. The division then attempted to send the notice to an address on the returned envelope at 1620 E. Broad St., however, it was mistakenly sent to 1520 E. Broad St. The mailing was again returned. Finally, the notice was sent to the 1620 E. Broad St. address.

         {¶ 6} On February 1, 2018, the hearing officer issued his report and recommendation finding that Woodford had violated R.C. 4735.18(A)(6) as it incorporates Section 1, Article 1 of the Canons of Ethics for the Real Estate Profession. The report and recommendation was scheduled for review in front of the commission on March 7, 2018, but continued to May 9, 2018. As of that date, Woodford had returned $10, 000 to Jackson. The commission adopted the hearing officer's report and recommendation and ordered the revocation of Woodford's real estate salesperson's license. Woodford and Contemporary filed an appeal to the common pleas court.

         {¶ 7} Woodford attempted to supplement the common pleas court record, which the common pleas court denied. The common pleas court found the adjudication order was supported by reliable, probative, and substantial evidence and affirmed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.