[Cite as Stone Creek Fin., Inc. v. Thompson, 2013-Ohio-2975.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STONE CREEK FINANCIAL, INC. JUDGES:
Hon. William B. Hoffman, P. J.
Plaintiff-Appellee Hon. John W. Wise, J.
Hon. Patricia A. Delaney, J.
-vs-
Case No. 2012 CA 00205
CHARLES THOMPSON
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Civil Appeal from the Canton Municipal
Court, Case No. 2007 CVF 9840
JUDGMENT: Dismissed
DATE OF JUDGMENT ENTRY: July 8, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
MATTHEW G. BURG TIMOTHY J. JEFFRIES
WELTMAN, WEINBERG & REIS 437 Market Avenue North
323 West Lakeside Avenue, Suite 200 Canton, Ohio 44702
Cleveland, Ohio 44113
Stark County, Case No. 2012 CA 00205 2
Wise, J.
{¶1} Appellant Charles Thompson appeals the decision of the Canton
Municipal Court, Stark County, which granted a motion to reconsider a prior decision
vacating an attachment of appellant’s bank account initiated by Appellee Stone Creek
Financial, Inc. The relevant facts leading to this appeal are as follows.
{¶2} In February 2008, Huntington National Bank obtained a default judgment
against Appellant Charles Thompson in the amount of $4,473.24. In March 2008,
Huntington filed a garnishment against appellant’s bank account, resulting in a partial
sum being applied to the aforesaid judgment.
{¶3} In October 2011, appellee was substituted for Huntington as the party-
plaintiff. On April 23, 2012, appellee filed for an attachment of appellant’s account at
FirstMerit Bank. At appellant’s request, the matter proceeded to a hearing before a
magistrate on May 2, 2012. On May 3, 2012, the magistrate determined that the
attachment should be vacated pursuant to the time limits of R.C. 2329.08. The trial court
approved and adopted the decision of the magistrate, and no appeal was taken.
{¶4} On September 7, 2012, appellee again filed for an attachment of
appellant’s account at FirstMerit Bank. The matter likewise proceeded to a hearing
before a magistrate on September 19, 2012. Via a “report of the magistrate” filed
September 19, 2012, the magistrate determined that the attachment should be vacated
on the basis of res judicata. No objections were filed. The trial court “approved and
confirmed” the decision of the magistrate on September 20, 2012. Once again, no
appeal was taken.
Stark County, Case No. 2012 CA 00205 3
{¶5} On October 17, 2012, appellee filed a motion to reconsider the aforesaid
judgment entry of September 20, 2012. The trial court granted the motion to reconsider
on October 22, 2012.
{¶6} On November 8, 2012, appellant filed a notice of appeal. He herein raises
the following two Assignments of Error:
{¶7} “I. THE TRIAL COURT WAS IN ERROR IN GRANTING THE
PLAINTIFF’S MOTION AS A MOTION FOR RECONSIDERATION IS NOT PROVIDED
FOR UNDER THE CIVIL RULES, AND IS A NULLITY.
{¶8} “II. THE FINDING THAT THE MAY 2, 2012 REPORT OF THE REFEREE
WAS INCORRECT [AND] WAS AGAINST THE MANIFEST WEIGHT OF THE
EVIDENCE.”
I., II.
{¶9} In his First and Second Assignments of Error, appellant challenges the
trial court’s granting of appellee’s motion to reconsider. However, on June 13, 2013,
appellant and appellee filed a joint motion to dismiss the present appeal. See App.R.
28. As an appellate court, we are not required to issue an advisory or merely academic
ruling. See, e.g., In re Merryman/Wilson Children, Stark App.Nos. 2004 CA 00056 and
2004 CA 00071, 2004-Ohio-3174, ¶ 59, citing State v. Bistricky (1990), 66 Ohio App.3d
395, 584 N.E.2d 75.1
{¶10} We therefore will not reach the merits of appellant's Assignments of Error.
1
Ordinarily, we would not issue a dismissal decision of this nature in a memorandum
opinion. See App.R. 12(A). However, in this instance the written request to dismiss was
not filed until approximately three weeks after the oral argument heard by this Court on
May 21, 2013.
Stark County, Case No. 2012 CA 00205 4
{¶11} For the reasons stated in the foregoing opinion, the appeal of the decision
of the Canton Municipal Court, Stark County, Ohio, is hereby dismissed.
By: Wise, J.
Hoffman, P. J., and
Delaney, J., concur.
___________________________________
___________________________________
___________________________________
JUDGES
JWW/d 0617
Stark County, Case No. 2012 CA 00205 5
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STONE CREEK FINANCIAL, INC. :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
CHARLES THOMPSON :
:
Defendant-Appellant : Case No. 2012 CA 00205
For the reasons stated in our accompanying Memorandum-Opinion, the appeal
of the judgment of the Canton Municipal Court, Stark County, Ohio, is dismissed.
Costs assessed to appellant.
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JUDGES