Holman v. Wiser
| Docket Number | CASE NO. 2022-A-0117 |
| Decision Date | 13 November 2023 |
| Citation | 228 N.E.3d 745 |
| Parties | Adam HOLMAN, et al., Plaintiffs-Appellees, v. Kourtnie A. WISER, et al, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
Civil Appeal from the Court of Common Pleas, Trial Court No. 2022 CV 00103.
Jason L. Carter, Carter Law, LLC, 16781 Chagrin Boulevard, Suite 287, Shaker Heights, OH 44120 (For Plaintiffs-Appellees).
Barbara Quinn Smith, Law Offices of Barbara Quinn Smith, 9853 Johnnycake Ridge Road, Suite 106, Mentor, OH 44060 (For Defendant-Appellant).
{¶1} Appellant, Kourtnie A. Wiser ("Mrs. Wiser"), appeals the judgment of the Ashtabula County Court of Common Pleas, following a bench trial, finding her and Cory Wiser ("Mr. Wiser") (collectively, "the Wisers") liable for conversion of personal property and awarding damages in the sum of $41,100 to appellees, Adam Holman ("Mr. Holman"), Betty Holman ("Mrs. Holman"), RoLesia Holman, Trustee of the Adam Holman and Betty R. Holman Irrevocable Trust ("RoLesia"), and Reginald Holman ("Reginald") (collectively, "the Holmans").
{¶2} This matter involves a real property sale gone awry, where the Wisers purchased a house from the Holmans but refused to return their personal property after the sale closed early.
{¶3} Mrs. Wiser raises five assignments of error, contending (1) the trial court erred as a matter of law in finding she was not entitled to possession of the premises upon delivery of the deed; (2) the trial court erred by failing to consider whether the personal property was abandoned; (3) the trial court erred as a matter of law in applying a replacement cost valuation of the personal property; (4) the trial court’s valuation of the personal property was not supported by sufficient evidence and is contrary to its manifest weight; and (5) the trial court erred by precluding the Wisers from challenging the Holmans’ valuation evidence.
{¶4} After a careful review of the record and pertinent law, we find Mrs. Wiser’s assignments of error are without merit:
{¶5} (1) Although the trial court failed to apply the "merger by deed" rule, in which the language of a deed controls over a conflicting purchase agreement, Mrs. Wiser did not inform the trial court about the rule at trial or in her closing brief, despite the court’s repeated requests for relevant legal authority. Even if we reviewed for plain error, the record fully supports the trial court finding Mrs. Wiser liable for conversion based on her failure to return the personal property and her disposal of items.
{¶6} (2) Mrs. Wiser cannot overcome the presumption the trial court considered her abandonment defense. Implicit in the trial court’s express finding that the Holmans owned the personal property was they had not abandoned it. To the extent Mrs. Wiser contends the trial court’s finding is against the manifest weight of the evidence, the record is replete with evidence indicating the Holmans sought to retrieve their personal property before, during, and after the deed transfer process.
{¶7} (3) The trial court’s valuation method is not contrary to law. The Holmans’ opinion of value was not based "solely" on the property’s "replacement value." In addition, a trial court is not required to use market value in all instances, and the trial court fully explained its rationale for adopting the Holmans’ opinion of value.
{¶8} (4) The trial court’s valuation of the personal property was supported by sufficient evidence. The Holmans, as the owners, were entitled to a presumption of special knowledge. In addition, Mrs. Wiser has not demonstrated the trial court’s damages award put the Holmans in a better position.
{¶9} (5) The trial court did not preclude the Wisers from challenging the Holmans’ opinion of value. The trial court simply found the Holmans’ opinion of value was more credible and reliable than the Wisers’ competing opinion of value.
{¶10} Thus, we affirm the judgment of the Ashtabula County Court of Common Pleas.
{¶11} For nearly three decades, Mr. and Mrs. Holman lived in the house at 3559 Austinburg Road in Ashtabula, Ohio. The couple eventually relocated to an assisted living facility. Their son, Reginald, continued to live in the house periodically. The house was titled in the name of the Holmans’ irrevocable trust. The couple’s daughter, RoLesia, served as trustee and as Mr. Holman’s attorney-in-fact.
{¶12} Pursuant to a written purchase agreement dated August 30, 2021, Mr. Holman agreed to sell the house to Mr. Wiser for $160,000. Both sides retained real estate agents: the Holmans hired Tara Hawkins ("Ms. Hawkins"), and the Wisers hired Teri Holtz ("Ms. Holtz"). The agents communicated with each other about the transaction primarily through text messaging.
{¶13} The original purchase agreement required the parties to deposit all funds and documents in escrow "on or about" October 1, 2021, followed by transfer of title "on or about" October 2, 2021, and delivery of possession on October 2, 2021, "provided the title has transferred." The parties subsequently signed three amendments extending these dates to permit the completion of repairs required by the Wisers’ lender. The third and final amendment required the parties to deposit all funds and documents in escrow "on or before" November 22, 2021, followed by transfer of title "on or about" November 23, 2021, and delivery of possession on November 23, 2021, "provided the title has transferred."
{¶14} The premises contained a large amount of personal property the Holman family had accumulated during their long period of occupancy, including a vehicle, a tractor, furniture, tools, books, memorabilia, antique dolls, and items of sentimental value. The basement area contained clothing, jewelry, and other personal items owned by Reginald. In November 2021, Reginald began removing the personal property from the house.
{¶15} On Friday, November 12, 2021, Ms. Hawkins texted Ms. Holtz to ask if the Wisers would allow Reginald to retrieve items post-transfer. Ms. Holtz expressed annoyance the Holmans had not already moved out but stated the Wisers would allow it if they "can get the keys today." Ms. Hawkins stated RoLesia was signing the closing documents at 3 p.m. Ms. Holtz replied, "So they won’t get the keys today or tomorrow looks like it [the dosing] won’t be till Monday so the brother [Reginald] should just be out of the house." Ms. Hawkins also informed Ms. Holtz there was a car in the driveway with a dead battery, which the Holmans intended to move. Ms. Holtz replied, "You did not just say that lol [laughing out loud]." She then expressed anger and stated she may have to get her "broker" involved.
{¶16} Later that day, RoLesia, as trustee, signed a warranty deed to transfer the real property to the Wisers. Over the weekend, RoLesia was scheduled to attend a relative’s funeral and travel out of state for work. According to RoLesia, she informed Ms. Hawkins the closing of the sale was contingent on Reginald having access to the house to remove the rest of the personal property. The warranty deed RoLesia signed contained no written contingencies regarding post-transfer access.
{¶17} On Saturday, November 13, 2021, Ms. Holtz conducted a final walk-through of the house. She would later describe the house as "total chaos," with many items of personal property still remaining. She texted Ms. Hawkins, "I have no idea how they’re gonna get all that stuff out of there by Monday morning." Ms. Hawkins responded, "The seller [RoLesia] told me that her belongings will be out by today - her brother [Reginald] is supposed to be getting the rest."
{¶18} On the morning of Monday, November 15, 2021, Ms. Holtz asked Ms. Hawkins to ensure the Holmans had removed all property from the premises. Ms. Hawkins responded that RoLesia had indicated all of her belongings would be removed and that Reginald had indicated he would remove everything else by the end of the week. Ms. Holtz replied, "[A]s soon as title transfers I’ll let the [Wisers] know the lockbox number so they can get over there."
{¶19} Later that day, the Wisers obtained the keys and took possession of the house. At 12:06 p.m., Ms. Holtz texted Ms. Hawkins that the house was "packed full" and Reginald had "not touched one thing since we left on Saturday." Ms. Hawkins contacted RoLesia, who was still on her work trip. She told Ms. Hawkins to contact Reginald. Ms. Hawkins texted Ms. Holtz to contact Reginald. Ms. Holtz refused and indicated the Wisers had changed the locks.
{¶20} In the afternoon, Reginald and another person came to the house to pick up items, but Mrs. Wiser denied them access. According to Reginald, Mrs. Wiser told him to "get the hell off the property" and threatened to call the police, so he left. Ms. Holtz texted Ms. Hawkins and suggested she "go over there and be the liaison." Ms. Hawkins responded, "I’m working on a solution." No resolution occurred.
{¶21} On Tuesday, November 16, 2021, the deed was recorded. According to Mrs. Wiser, people continued to arrive at the house on behalf of the Holmans, but she denied them access and refused to give them anything. She would later testify the police told her everything belonged to her upon transfer. Mrs. Wiser subsequently had the vehicle towed from the property, disposed of a freezer (because it purportedly contained mold), and destroyed the contents of a filing cabinet.
{¶22} The Holmans retained legal counsel, and, in March 2022, filed a complaint against the Wisers in the trial court asserting claims for replevin, breach of oral contract, fraud, and conversion. The Wisers appeared through counsel and filed an answer.
{¶23} In May 2022, the parties and counsel appeared for a replevin hearing. Counsel informed the court on the record that the Wisers agreed to prepare an inventory of the items in their possession, and the parties would discuss transfer arrangements. The...
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