Mathews v. Cooper

Citations

• 2021 Ohio 2768

Syllabus

Forcible entry and detainer restitution order eviction writ of execution damage to personal belongings trespass to chattels gratuitous bailment conversion summary judgment unpaid rent manifest weight of the evidence R.C. 1923.03 damages related to eviction. Trial court did not err in granting summary judgment in favor of appellees on appellants' claims for trespass to chattels, conversion or breach of bailment duties. There was no evidence that appellees intentionally dispossessed appellants of their personal belongings, wrongfully controlled, possessed or exercised dominion over appellants' personal property or intended to possess custody of any of appellants' personal belongings. Appellees acted pursuant to a court order and in accordance with the bailiff's instructions in hiring movers to remove appellants' personal belongings from the premises and transport them to a storage unit. Trial court's award of $6,000 in unpaid rent to appellees on their counterclaim was not against the manifest weight of the evidence. Trial court did not err in failing to award appellees moving expenses, storage expenses and attorney fees related to the eviction action. Appellees were not entitled to recover, on their counterclaim, damages related to the eviction action that they could have recovered by pursuing their pending second cause for damages in the eviction action.