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Pahoundis Family Group, Ltd. v. Schonauer

Court of Appeals of Ohio, Fifth District, Holmes

December 23, 2019

PAHOUNDIS FAMILY GROUP, LTD. Plaintiff-Appellant
v.
JERRY SCHONAUER, ET AL. Defendants-Appellees

          Appeal from the Court of Common Pleas, Case No. 17 CV 009

         JUDGMENT: Affirmed

          For Plaintiff-Appellant MARIO GAITANOS PETER GAITANOS

          For Defendants-Appellees THOMAS J. MULVEY CRAIG G. PELINI PAUL B. RICARD

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, 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.

         FACTS 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 follows:

         I

         {¶ 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 ...


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