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.

Kubyn v. Follett

Court of Appeals of Ohio, Eleventh District, Geauga

August 5, 2019

STACEY G. KUBYN, et al., Plaintiffs-Appellants,
v.
TAMARA FOLLETT, Defendant-Appellee.

          Civil Appeal from the Geauga County Court of Common Pleas, Case No. 2018 P 000706.

         Judgment: Reversed and remanded.

          R. Russell Kubyn, Kubyn & Ghaster, LLP, (For Plaintiffs-Appellants).

          L Bryan Carr, Carr, Feneli & Carbone Co. (For Defendant-Appellee).

          OPINION

          MATT LYNCH, J.

         {¶1} Plaintiffs-appellants, Stacey G. Kubyn and R. Russell Kubyn, appeal the Judgment of the Geauga County Court of Common Pleas, granting defendant-appellee Tamara Follett's, Motion to Dismiss the Complaint for lack of personal jurisdiction. For the following reasons, we reverse the decision of the court below.

         {¶2} On September 14, 2018, the Kubyns filed a Complaint for Money, Temporary Restraining Order, Injunctive Relief for Copyright Infringement, and Other Equitable Relief in the Geauga County Court of Common Pleas against Follett.

          {¶3} On November 15, 2018, the Kubyns filed a First Amended Complaint for Compensatory and Punitive Damages, Injunctive Relief, and Other Equitable Relief for Defamation, Copyright Infringement, and Other Tortious Conduct. The Complaint identified the Kubyns as dog breeders doing business as Esquire Caucasian Mountain Shepherd Dogs USA in Geauga County, and Follett as a Canadian resident who breeds similar dogs doing business as ThunderHawk Caucasians. The Complaint was based on the following alleged conduct:

Defendant Follett has engaged in underhanded, illegal, unethical, fraudulent, harassing and otherwise improper behavior and activities including, but not limited to, posting on Facebook her desire for the death of Defendant [sic] Stacey G. Kubyn, and requesting other people to post that they too wished death to befall Defendant Stacey G. Kubyn; embedding keywords on pages of her website such as "Stacey Kubyn" and "Khan" so that internet search engines will direct people to her website for her own financial gains and personal vendetta, ranting defamatory statements against the Plaintiffs, calling the Plaintiffs foul names, and using the Plaintiffs' aforementioned pictures and other media falsely, and fraudulently claiming right of publication thereof.

         {¶4} The Amended Complaint further alleged jurisdiction over Follett existed pursuant to Ohio's long-arm statute "as she published and/or aided and/or abetted in the publishing of defamatory statements on the internet directed at the Plaintiffs, Ohio residents; and other Ohio residents have seen and/or could see the defamatory statements, * * * as such acts constitute causing tortious injuries by acts in the State of Ohio * * *"[1]

         {¶5} On November 23, 2018, Follett filed a Motion to Dismiss, pursuant to Civil Rule 12(B)(2), on the grounds that "personal jurisdiction is lacking."

         {¶6} On December 21, 2018, the Kubyns filed a Brief in Opposition to Motion to Dismiss.

         {¶7} On January 17, 2019, Follett filed a Reply to Plaintiffs' Brief in Opposition to Motion to Dismiss.

         {¶8} On February 4, 2019, the trial court granted the Motion to Dismiss, ruling that "Plaintiffs have not adequately established sufficient minimum contacts between Geauga County and the Defendant to invoke this Court's jurisdiction over the Canadian Defendant (regardless of whether the Defendant is a U.S. citizen or not)."

         {¶9} On February 5, 2019, the Kubyns filed a Notice of Appeal. On appeal, they ...


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.