June 25, 2014
Litigation is expensive; however, the cost of failing to retain experienced counsel may be devastating to your case. The 8th District Court of Appeals in Cuyahoga County recently issued a decision that provides a cautionary tale for litigants who proceed with inexperienced counsel or decide to represent their own interests.
In Provident Funding Associates, LP v. Turner, 2014-Ohio-2529, homeowners appealed the trial court’s decision of foreclosure in favor of the bank. While the appeal was pending the foreclosed property was sold at a sheriff’s sale, and the court entered a decree of confirmation of the sale. The homeowners then filed a timely notice of appeal of the court’s judgment confirming the sale.
Although the homeowners had two valid appeals pending before the appellate court, they never filed a separate motion to stay the foreclosure proceedings, nor did they file a motion to stay the distribution of the proceeds from the sheriff’s sale. Before their appeal was heard, the property was sold and the proceeds of the sale were disbursed pursuant to court order.
When the appellate court reviewed the homeowners’ appeal, it determined that the case was “moot.” In other words, the appellate court determined that there was no remedy it could provide to the homeowners regardless of whether their appeal had merit, because the property was already sold to a third party and the sale proceeds were disbursed. As a result, the appellate court dismissed the appeal.
At first blush this seems like a harsh result. The homeowners timely appealed the trial court decisions and were set to present arguments to an appellate court in an effort to reverse the decree of foreclosure. Despite complying with the requirements for appealing a decision to the district court, however, the homeowners failed to preserve their potential remedies by failing to file separate motions to stay the foreclosure proceedings and to stay the distribution of the sale proceeds. By failing to file these simple motions, the homeowners rendered their appeal “moot” meaning there was no basis for the appellate court to review the merits of the appeal, regardless of whether the homeowners’ claims were valid.
The world of litigation is complex and detailed. If the homeowners had retained qualified counsel they would have at least had their day in court before the 8th District. The attorneys at the Finney Law Firm are experienced litigators who will guide you through the difficult litigation process. Please do not hesitate to contact our firm if you are in need of legal representation.