Judge out-of Appeals out-of Ohio,3rd District, Seneca County
2024-09-19
Zero. 13-08-sixteen.
<>Defendant-appellant, Jay J. Jones, appeals from the judgment of the Seneca County Court of Common Pleas, Domestic Relations Division, ordering him to pay plaintiff-appellee, Evelyn Jones, $8,, plus statutory interest from , court costs incurred, and $2,000 of Evelyn’s reasonable attorney fees. On appeal, Jay argues that the trial court erred by denying his motion to dismiss for lack of subject-matter jurisdiction, that the trial court erred by denying his motion to dismiss for failure to state a claim, that the trial court erred in finding for Evelyn as she failed to present sufficient evidence of unjust enrichment to meet her burden of proof, that the trial court erred by denying his motion to dismiss for failure to join an indispensable party, and that the trial court erred in awarding attorney fees and costs to Evelyn without a presentation of evidence on the issue. Based on the following, we affirm in part and reverse in part the judgment of the trial court.
JONES v. JONES
<>In December 1999, Evelyn filed a petition for dissolution of her marriage to Jay in the Seneca County Court of Common Pleas, a petition that incorporated a separation agreement. During the course of the marriage, the parties had purchased a business called the Whippy Dip, for which they took out a line of credit (home equity loan) on their residence at 628 Northview Dr., Fostoria, Ohio (the residence), to help pay expenses of the business.
This new events agree totally that Girlfriend shall stay-in the home and you will is accountable for all mortgage payments, utilities, taxes, insurance policies, and you will restoration into the said household * * * and shall hold Spouse harmless thereof. * * *
As this a property is also mortgaged within the 1999 toward an excellent loan of Partner’s getting their Whippy Dip providers, the newest people further agree as follows:
B. Partner should make timely payments to help you Key Financial otherwise the replacement, into Whippy Dip financial, on what the topic assets above is additionally sworn once the guarantee.
