Court of Appeals of Ohio, Second District, Montgomery
WILLIAM WAXMAN, et al. Plaintiffs-Appellees
DAVID S. LINK, et al. Defendants-Appellants
Appeal from Common Pleas Court Trial Court Case No.
MICHAEL P. MCNAMEE, Atty. Reg. No. 0043861 and ALEXANDER W.
CLOONAN, Atty. Reg. No. 0095690, Attorneys for
S. & CATHI L. LINK, Defendants-Appellants, Pro Se
1} Defendants/Appellants, David and Cathi Link,
appeal from an order and entry interpreting the terms of a
settlement agreement that the Links entered into with
Plaintiffs/Appellees, William and Betsy Waxman. According to
the Links, the trial court erred in granting a judgment that
was not supported by admissible evidence and was not agreed
upon by the parties. We conclude that a final appealable
order does not exist. Accordingly, this appeal will be
dismissed for lack of a final appealable order, and the case
will be remanded for further proceedings.
Facts and Course of Proceeding
2} The parties in this case have been next-door
neighbors since 1992, when the Links purchased the property
next door to the Waxmans. In 1994, the Links installed a
wooden fence separating the back yards of the two properties.
There was apparently no dispute about the fence until May
2014, when a dispute arose over the fact that part of the
fence was erected about 12-15 inches beyond the Links'
property line, into the Waxmans' yard, and the remaining
part was erected 12-15 inches inside the Links' own
property. Over the next several years, the dispute escalated
and involved various interactions with the police, the
Timberwind Homeowners Association ("HOA"), and the
City of Vandalia.
3} In August 2017, the Waxmans' attorney sent a
cease and desist letter to the Links, demanding that they
immediately cease and desist from the following actions:
Attaching any items to the side of the fence facing the
Waxmans' property, including, but not limited to flags,
signs, lights, or ropes/strings;
Aiming any spotlights in the general direction of the
Removing any board from the fence that abuts the Waxmans'
Filming or taking pictures of the Waxmans or their
Moving or touching, in any way, whatsoever the Trumpet Vine
plant which is located on the Waxmans' property;
Violating any of the Timberwind Homeowners Association
protective covenants ...