Mancz v. McHenry

Citations

• 2021 Ohio 82

Syllabus

A jury found that appellant-wife fraudulently transferred real estate and four bank accounts to appellant-husband. The trial court properly considered the appellants' objection to allegedly inadmissible evidence being used by the jury. The magistrate who conducted the parties' jury trial properly entered judgment on the jury's verdicts. The appellee's claim for fraudulent transfer of real estate was not barred by res judicata. The trial court did not err in upholding the magistrate's decision allowing the appellants' prior attorney to testify despite a claim that his testimony disclosed privileged communications. The trial court correctly upheld the magistrate's decision denying a mistrial. The trial court did not err in upholding the magistrate's denial of a directed-verdict motion. The trial court's judgment is not subject to reversal with respect to finding a fraudulent transfer based on the transfer of money from a bank account held by the appellants jointly to another bank account held by the appellants jointly. With respect to the questioned account, the evidence supported a conclusion that there was a previous fraudulent transfer of assets solely in wife's name to a joint account with husband, within the four-year statute of limitations. The trial court did not err in upholding a finding that one of the appellants transferred assets to the other appellant with actual intent to hinder, defraud, or delay a creditor. The trial court did not err in upholding a finding that funds allegedly returned to the transferor appellant should be included as a fraudulent transfer the jury was free to disbelieve that the transferee appellant actually returned the funds to the transferor appellant. The trial court did not err in upholding a finding that the appellee suffered damages as a result of fraudulent transfers. The trial court did not err in overruling objections to the magistrate's denial of the appellants' summary-judgment motion. The appellants have not demonstrated