Heisler v. Titus

Full title: John D. Heisler et al., Plaintiffs-Appellants, v. Lawrence T. Titus d.b.a…

Court: Court of Appeals of Ohio, Tenth District

Date published: May 22, 2008

2008 Ohio 2464 (Ohio Ct. App. 2008)

Opinion

No. 08AP-57.

Rendered on May 22, 2008.

APPEAL from the Franklin County Municipal Court, M.C. No. 2005 CVI 001983.

John D. and Carol A. Heisler, pro se.

Joseph W. Hull, for appellees.

DECISION

TYACK, J.

{¶ 1} John D. and Carol A. Heisler are appealing from the ruling of the Franklin County Municipal Court which refused to find Lawrence T. Titus guilty of contempt. The Heislers assign a single error for our consideration:

THE TRIAL COURT ERRED IN OVERRULING APPELLANTS' MOTION FOR CONTEMPT.

{Para; 2} This case began in January 2005 when the Heislers filed a complaint in the Small Claims Division of the Franklin County Municipal Court. The case was referred to a magistrate who heard sworn testimony and rendered a magistrate's report and decision. The magistrate's report and decision include a recommendation that the case be dismissed without prejudice.

{Para; 3} The Heislers filed objections to the magistrate's report and decision. The court ultimately adopted the magistrate's report and decision, including its recommendation that the case be dismissed without prejudice.

{Para; 4} Despite the fact this particular lawsuit was terminated by the dismissal, the Heislers filed a motion seeking a finding of contempt against Lawrence Titus. The motion was overruled, following a hearing.

{Para; 5} The Franklin County Municipal Court had no jurisdiction to enter a finding of contempt in a lawsuit which was dismissed. The court was correct to make no such finding of contempt. The trial court did not err in failing to sustain the motion.

{Para; 6} The assignment of error is overruled. The ruling of the Franklin County Municipal Court is affirmed.

Judgment affirmed.

BRYANT and SADLER, JJ., concur.