Rehn v. INVCLE150, L.L.C.

Citations

• 2022 Ohio 4634

Syllabus

Appointment of receiver clear and convincing evidence contents of record transcript powers of receiver R.C. 2735.01(A) R.C. 2735.04. Appointment of receiver was proper where portions of the record provided on appeal established that the defendant companies were in imminent danger of insolvency and their properties were in danger of being lost, removed, or materially injured. Further, we must presume the validity of the proceedings below when the appellants elect not to provide a transcript. R.C. 2735.01(A)(1) and (6) provide for the appointment of a receiver when the record supports the courts' findings under those sections. Additionally, the properties in which appellants held an interest were properly part of the receivership order where the appellees requested declaratory judgment to establish their interest in said properties. Finally, the trial court did not err when it included in its order that the receiver would have the power to sell properties free and clear of liens, when R.C. 2735.04 explicitly grants the receiver that authority, but also includes notice requirements that would give any properly interested party notice and an opportunity to be heard.