PAHOUNDIS FAMILY GROUP, LTD. Plaintiff-Appellant
JERRY SCHONAUER, ET AL. Defendants-Appellees
from the Court of Common Pleas, Case No. 17 CV 009
Plaintiff-Appellant MARIO GAITANOS PETER GAITANOS
Defendants-Appellees THOMAS J. MULVEY CRAIG G. PELINI PAUL B.
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., J.
1} Plaintiff-Appellant, Pahoundis Family Group, Ltd., appeals
the January 23, 2019 journal entry and the February 4, 2019
judgment entry on verdict form and interrogatories of the
Court of Common Pleas of Holmes County, Ohio, accepting a
jury's verdict and entering judgment for
Defendants-Appellees, Jerry Schonauer and Sweet Breeze Farms
& Excavating, LLC.
AND PROCEDURAL HISTORY
2} Appellant is a real estate group that owns real property
in Holmes and Coshocton counties. The properties are leased
to farmers who use the land for agricultural purposes.
3} On February 21, 2017, appellant filed a complaint against
adjacent property owner Jerry Schonauer and John Does
alleging trespass, conversion, a violation of R.C. 901.51,
and negligence in reference to one of its properties located
in Holmes County. Appellant claimed the defendants trespassed
on its property and intentionally and/or recklessly and/or
negligently removed trees, a cement wall, and a fence, and
placed a pole barn on part of its property. On July 24, 2017,
appellant filed a first amended complaint to include Sweet
Breeze Farms as a party defendant and dropped its claim
regarding the pole barn.
4} The parties were referred to mediation, but mediation was
unsuccessful. A jury trial commenced on December 12, 2018.
The jury found in favor of appellees on all claims. The trial
court journalized the decision via a journal entry filed
January 23, 2019, and a judgment entry on verdict form and
interrogatories filed February 4, 2019.
5} Appellant filed an appeal and this matter is now before
this court for consideration. Assignments of error are as
6} "THE TRIAL COURT ERRED IN NOT GRANTING A DIRECTED
VERDICT IN FAVOR OF APPELLANT AS IT ESTABLISHED A PRIMA FACIE
CASE OF TRESPASS TO LAND AND APPELLEES FAILED TO ...