Stamatopoulos v. All Seasons Contracting, Inc.

Citations

• 2020 Ohio 566

Syllabus

Replevin R.C. 2737.01 et seq. bond order of possession settlement agreement cognovit note 42 U.S. 1983 wrongful seizure due process jury instructions conversion directed verdict attorney fees new trial damages. Any error in the court's jury instructions on a party's Section 1983 claims is moot where the claims should not have been submitted to the jury as a matter of law. There is no actionable Section 1983 claim against an individual for executing a replevin order of possession pursuant to R.C. 2737.06. The court's grant of a directed verdict motion on appellant's conversion claim was proper where there was insufficient evidence of a demand and refusal. A party is not entitled to attorney fees where it did not prevail on its claim for breach of a settlement agreement. A party is not entitled to a new trial on damages where it did not prevail on any claim that would support an award of damages.