VMI Group, Inc. v. Capstone Constr. Co., L.L.C.

Citations

• 2023 Ohio 3882

Syllabus

Bench trial manifest weight of the evidence competent, credible evidence contractor available for judgment dismissal unjust-enrichment claim subcontractor double recovery insolvency bankruptcy active participation in litigation Civ.R. 60(B) relief from judgment trial court divested of jurisdiction during pendency of appeal. The trial court erred in determining that Capstone was available for judgment and consequently dismissing VMI's unjust-enrichment claims against Progressive and New Wembley when evidence was presented demonstrating that Capstone was insolvent and that there was no possibility of double recovery for VMI. The trial court did not fail to provide Progressive an opportunity to object or respond to VMI's objections. Finally, the trial court did not err in denying Progressive's motion for relief from judgment because it lacked jurisdiction to adjudicate such a motion once an appeal was filed.