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Waxman v. Link

Court of Appeals of Ohio, Second District, Montgomery

January 10, 2020

WILLIAM WAXMAN, et al. Plaintiffs-Appellees
v.
DAVID S. LINK, et al. Defendants-Appellants

          Civil Appeal from Common Pleas Court Trial Court Case No. 2017-CV-4578

          MICHAEL P. MCNAMEE, Atty. Reg. No. 0043861 and ALEXANDER W. CLOONAN, Atty. Reg. No. 0095690, Attorneys for Plaintiffs-Appellees

          DAVID S. & CATHI L. LINK, Defendants-Appellants, Pro Se

          OPINION

          WELBAUM, P.J.

         {¶ 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.

         I. 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 Waxman's property;
Removing any board from the fence that abuts the Waxmans' property;
Filming or taking pictures of the Waxmans or their property;
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 ...

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