Court of Appeals of Ohio, Sixth District, Williams
Roger Eckart, et al. Appellees
Daniel Newman Appellant
Court No. CVG 1800063
Christopher B. Walker, for appellees.
Stephen M. Maloney and Kayla A. Baker, for appellant.
DECISION AND JUDGMENT
1} Appellant, Daniel Newman, appeals the August 14,
2018 judgment of the Bryan Municipal Court, granting
restitution of real property to appellees, Roger and Patricia
Eckart, and ordering Newman to vacate the property through a
forcible entry and detainer action. For the reasons that
follow, we affirm the trial court's judgment.
2} On July 24, 1999, Newman and the Eckarts entered
into a land contract in which Newman agreed to purchase a
parcel of real property from the Eckarts. On October 15,
2015, the Eckarts filed a foreclosure action in the Williams
County Court of Common Pleas against Newman for alleged
breach of the land contract. The parties privately resolved
the foreclosure action and memorialized the terms of their
settlement through a court-approved consent entry, dated
December 9, 2016. The terms of that entry relevant to this
Plaintiffs Roger C. Eckart and Patricia L. Eckart and
Defendant Daniel Newman, in consideration of the benefits
received by the parties respectively, agree to cancel and
terminate the Land Contract which they entered on July 24,
1999 and recorded on July 26, 1999 in Book 434, Pages
399-4040 in the Williams County Recorders' Office and as
subsequently modified by the parties if those modifications
were not formally recorded.
Defendant Daniel Newman shall execute, within 30 days from
the filing of this Consent Judgment Entry, a Quit Claim Deed
of any interest he may have in [the property] to Roger C.
Eckart and Patricia L. Eckart.
Defendant Daniel Newman, for himself only, shall have the
right to live on the [property] for the remainder of his
natural life with no payments being due and payable to
Plaintiffs Roger C. Eckart and Patricia L. Eckart.
Defendant Daniel Newman shall communicate directly with
attorney Mark S. Tipton in January 2017 and each January
thereafter to confirm to Plaintiffs Roger C. Eckart and
Patricia L. Eckart that he is still living. He shall also, at
that time, provide to attorney Tipton the names, addresses,
and telephone numbers of three of his near relatives or close
friends. Should Defendant Daniel Newman fail to do so,
Plaintiffs Roger C. Eckart and Patricia L. Eckart may evict
him from the premises.
Defendant Daniel Newman shall, within 30 days from the filing
of this Consent Judgment Entry, convey to Plaintiffs Roger C.
Eckart and Patricia L. Eckart a valid and unencumbered title
to the 1999 Impression mobile home presently situated on [the
3} Thereafter, on March 3, 2017, Newman filed a
quitclaim deed that granted the property to the Eckarts.
Specifically, the deed states that "Daniel Newman aka
Daniel L. Newman, an unmarried man of legal age, pursuant to
Case No. 15CI000121 of the Common Pleas Court, Williams
County, Ohio" grants the real property to "Roger C.
Eckart and Patricia L. Eckart, husband and wife, for their
joint lives, remainder to the survivor of them." The
quitclaim deed also explicitly states the following:
This deed terminates a Land Installment Contract which was
recorded in Volume 434, Page 399, Deed Records, Williams
County, Ohio and further conveys any and all ownership
interest which Grantor may have in the real property.
4} On March 28, 2018, the Eckarts sent Newman a
notice to leave the premises based upon his failure to comply
with the terms of the consent entry. Newman failed to vacate
the premises, and the Eckarts filed the present forcible
entry and detainer action with the Bryan Municipal Court on
May 17, 2018. The matter proceed to a bench trial on June 25,
5} At trial, the following facts were established:
Newman failed to contact the Eckarts' counsel in January
2018, to confirm that he was still living and to provide the
Eckarts' counsel with the names, addresses, and telephone
numbers of three of his near relatives or close friends.
Further, Newman also failed to convey title to the mobile
home situated on the property to the Eckarts as required by
the consent entry. The trial court found that Newman's
failure to comply with these ...