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.

Stallworth v. Woods

Court of Appeals of Ohio, Eighth District, Cuyahoga

January 16, 2020

DANA STALLWORTH, Plaintiff-Appellee,
v.
DOUG WOODS, Defendant-Appellant.

          Civil Appeal from the Garfield Heights Municipal Court Case No. CVF-1402358

          Jason L. Carter, for appellee.

          Doug Woods, pro se.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, PRESIDING JUDGE.

         {¶ 1} This cause came to be upon the accelerated calendar pursuant to App.R. 11.1 and LocApp.R. 11.1. Defendant-appellant, Doug Woods, appeals from the judgment of the trial court that dismissed both his motion to show cause stemming from plaintiff-appellee, Dana Stallworth's nonpayment of costs, and his motion to disqualify a magistrate. He assigns the following error for our review:

The trial court's dismissal of the order to show cause and subsequent determination that [Woods] was not entitled to court costs, to proceed with a debtor's examination or disqualify the magistrate was erroneous, against the manifest weight of the evidence, constituted a denial of due process, violation of [Woods's] rights as a creditor and was an abuse of discretion.

         {¶ 2} Having reviewed the record and the controlling case law, we affirm the decision of the trial court.

         {¶ 3} This matter arises in connection with a 2014 landlord-tenant dispute between landlord Woods d.b.a. What a Lovely Home ("WALH") and former tenant Stallworth. See Stallworth v. Woods, 8th Dist. Cuyahoga No. 106633, 2018-Ohio-3185 ("Stallworth I "). Woods eventually initiated eviction proceedings against Stallworth in Garfield Heights M. C. No. CVG 1402113. Stallworth v. Woods, 8th Dist. Cuyahoga No. 107832, 2019-Ohio-2828, ¶ 2 ("Stallworth II "). The parties later entered into a settlement agreement, and Stallworth voluntarily moved out of the premises. Id.

         {¶ 4} Several months later, Stallworth filed the instant matter in Garfield Heights Municipal Court against Woods "c/o [WALH]" for breach of contract and retaliatory eviction. Stallworth I at ¶ 2. Woods filed a counterclaim, and on September 23, 2015, he was granted judgment against Stallworth in the amount of $815.99, plus interest at the rate of 3 percent per year, and costs. Id. Thereafter, in 2016, Stallworth filed a complaint against Woods and WALH in the Cuyahoga County Court of Common Pleas, alleging fraud, intentional infliction of emotional distress, conversion, and invasion of privacy. Following trial, a verdict was entered in favor of defendant. Id. . at ¶ 4.

         {¶ 5} On May 11, 2016, Woods "d.b.a. WALH, L.L.C." began collection efforts on his 2015 judgment on his counterclaim. He also sought sanctions against Stallworth for vexatious litigation. See Stallworth II. The trial court denied Woods's motion, and this court affirmed. Id.

         {¶ 6} Woods eventually recovered $898.88 on his 2015 judgment from the counterclaim, thereby satisfying the base judgment award of $815.99. However, Woods asserted that interest and costs remain unpaid, and he filed a summons for Stallworth to appear for a debtor's examination. After Stallworth failed to appear for the debtor's examination, Woods filed a motion to show cause. Following a hearing before a magistrate, Woods's motion to show cause was dismissed. The magistrate determined that Woods "has effectively received full payment on the judgment amount including interest [and therefore, there] was no reason to conduct the debtor's exam in this matter because the Court finds that [Woods's] judgment has been satisfied."

         {¶ 7} Woods filed objections to the magistrate's decision and also filed a motion to disqualify the magistrate. Woods supported his objections with a "partial transcript of relevant testimony." The trial court overruled the objections, adopted the magistrate's findings, dismissed the motion to show cause, and denied the motion to disqualify.

         Claim that Woods Engaged in Unauthorized Practice of Law

         {¶ 8} Before addressing Woods's assigned error, we must first consider Stallworth's claim that Woods is engaging in the unauthorized practice of law by representing both himself ...


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.