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.

Eckart v. Newman

Court of Appeals of Ohio, Sixth District, Williams

August 9, 2019

Roger Eckart, et al. Appellees
v.
Daniel Newman Appellant

          Trial Court No. CVG 1800063

          Christopher B. Walker, for appellees.

          Stephen M. Maloney and Kayla A. Baker, for appellant.

          DECISION AND JUDGMENT

          MAYLE, P.J.

         {¶ 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.

         I. Background

         {¶ 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.[1] The terms of that entry relevant to this appeal state:

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 property].

         {¶ 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, 2018.

         {¶ 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 ...


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.