Kovach v. Erie Islands Resort & Marina
| Decision Date | 04 February 1994 |
| Docket Number | No. 93OT032,93OT032 |
| Citation | 637 N.E.2d 382,93 Ohio App.3d 11 |
| Court | Ohio Court of Appeals |
| Parties | KOVACH et al., Appellants, v. ERIE ISLANDS RESORT & MARINA, Appellee. |
John Blaufuss, Toledo, for appellants.
John A. Coppeler and Randolph E. Digges, III, Port Clinton, for appellee.
This case is before the court on appeal from the June 11, 1993 judgment of the Ottawa County Court of Common Pleas, which granted the motion for summary judgment filed by Erie Islands Resort & Marina and dismissed the complaint of Mark R. and Joy Kovach. On appeal, appellants, Mark and Joy Kovach, assert the following assignment of error:
"The trial court erred in ruling that a consumer transaction which included a health club membership as well as other services was exempt from Ohio's Prepaid Entertainment Contract[s] Act."
On July 22, 1988, the Kovaches entered into a contract with Erie Islands Resort & Marina to purchase an undivided one-fifteen thousandth interest in certain real estate located in Ottawa County, Ohio. The property consisted of campsites and other resort and recreational facilities. The Kovaches entered into the contract following a sales presentation during which the sales agent promoted the health club facilities that would be available to the purchasers. The Kovaches sought to rescind this contract on December 11, 1991. The Erie Islands Resort & Marina refused to rescind the contract. Consequently, the Kovaches filed suit against Erie Islands Resort & Marina, alleging that it violated R.C. 1345.43 because the Kovaches were not notified of their right to cancel the contract at the time that the purchase contract and promissory note were executed.
Following the filing of a motion for summary judgment by Erie Islands Resort & Marina, the trial court concluded that R.C. 1345.43 is not applicable in this case. Therefore, the trial court dismissed the complaint.
On appeal, appellants assert in their sole assignment of error that the trial court erred in ruling that R.C. 1345.43 is inapplicable under the circumstances of this case.
R.C. 1345.43 is part of the Prepaid Entertainment Contracts Act enacted in 1976. That Act was designed "to protect consumers against being high-pressured into personal service contracts that the consumer finds, after he begins receiving the services, does not benefit him as he was led to believe they would, and costs far more than he realized when he signed the contract." S.B. No. 157, Legislative History as Reported by H. Judiciary, Mar. 9, 1976. R.C. 1345.41(A) identifies the personal service contracts that are covered by the Act. That section provides that:
To continue reading
Request your trial
-
Isaak v. Trumbull Sav. & Loan Co.
...interest in real estate rather than for personal services or membership in a club or organization. See Kovach v. Erie Islands Resort & Marina, 93 Ohio App.3d 11, 637 N.E.2d 382 (1994) (holding that the sale of a 1/15,000th interest in real estate consisting of a campground and other resort ......
-
State ex rel. Miller v. CUTTY'S CAMPING, 03-0934.
...opinion, we do not decide the precise nature of what the buyers actually purchased. Compare Kovach v. Erie Islands Resort & Marina, 93 Ohio App.3d 11, 637 N.E.2d 382, 383 (Ohio Ct.App.1994) (interest in real estate), with All Seasons Resorts, Inc. v. Abrams, 68 N.Y.2d 81, 506 N.Y.S.2d 10, 4......
-
Knighten v. Erie Islands Resort & Marina, Court of Appeals No. OT-15-040
...Ossovicki v. Erie Island Resort & Marina, 6th Dist. Ottawa No. OT-94-053, 1995 Ohio App. LEXIS 2126 (May 26, 1995), Kovach v. Erie Island Resort & Marina, 93 Ohio App.3d 11, 637 N.E.2d 382 (6th Dist.1994), and Mierke v. Erie Island Resort & Marina, 6th Dist. Ottawa No. OT-95-014, 1995 Ohio ......
-
Isaak v. Trumbull Sav. & Loan Co., 2004 Ohio 1148 (Ohio App. 2/27/2004)
...presented in the first action, or (2) [t]o seek remedies or forms of relief not demanded in the first action.'"17 {¶28} In Kovach v. Erie Islands Resort & Marina, the court held that the purchase of an undivided one-fifteen thousandth interest in property which consisted of campsites and ot......