[Cite as Franklinton Senior, L.L.C. v. Timson, 2014-Ohio-3255.]

IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

Franklinton Senior, LLC, : 

 Plaintiff-Appellee, : 

 No. 14AP-171 

v. : (C.P.C. No. 13CV-09-9871) 

John W. Timson, : (REGULAR CALENDAR) 

 Defendant-Appellant. : 

 

D E C I S I O N 

Rendered on July 24, 2014 

 

Powers Friedman Linn, PLL, and Sarah S. Graham, for 

appellee. 

John W. Timson, pro se. 

 

APPEAL from the Franklin County Court of Common Pleas 

DORRIAN, J. 

{¶ 1} John W. Timson, defendant-appellant, appeals the judgment of the 

Franklin County Court of Common Pleas granting judgment in favor of plaintiff-appellee, 

Franklinton Senior LLC, on a forcible entry and detainer action and issuing a writ of 

restitution. 

{¶ 2} On July 19, 2013, in the Franklin County Municipal Court, appellee filed a 

forcible entry and detainer action ("FED action") against appellant seeking to obtain 

restitution of the premises at 750 West Rich Street, Unit 303, Columbus, Ohio 43222 

("the premises"). The action included a second cause of action for money damages. In 

response, appellant filed an answer and a counterclaim. The counterclaim amount 

exceeded the monetary jurisdiction of the municipal court and, therefore, was transferred 

to the Franklin County Court of Common Pleas. 
No. 14AP-171 2 

{¶ 3} In the common pleas court, the case was referred to a magistrate for a 

hearing on the FED action. Appellant did not appear at the hearing. The magistrate 

found that appellant had been served with adequate and legal notice of the hearing well in 

advance of the hearing. The magistrate then found that appellant had failed to pay his 

rent for over one year. Accordingly, he determined that appellee was entitled to 

immediate restitution of the premises. On February 25, 2014, the court entered judgment 

in favor of appellee and ordered a writ of restitution to issue. 

{¶ 4} Appellant did not file objections to the magistrate's decision. However, on 

March 3, 2014, appellant filed a notice of appeal along with a request for an emergency 

stay. The record does not reveal that the trial court ruled on the request for an emergency 

stay. 

{¶ 5} At oral argument, appellant informed the court that he has vacated the 

premises. Consistent with this, appellee asserts in its brief that appellant was physically 

removed from the premises on March 20, 2014 pursuant to the Franklin County Sheriff's 

Department execution of a writ of restitution. The record was transmitted to this court on 

March 13, 2014; therefore, subsequent filings are not part of the record before this court. 

Nevertheless, considering appellant's admission at oral argument that he has vacated the 

premises, we take judicial notice of the common pleas clerk of court's record of documents 

filed after March 13, 2014 and note that said record reveals that the eviction was 

completed on March 20, 2014. Appellant appeals the judgment of the trial court and 

asserts the following six assignments of error: 

[1.] THE COURT OF ADMINISTRATIVE JUDGE CHARLES 

SCHNEIDER, ERRED IN HIS FAILURE AND REFUSAL TO 

PROVIDE A HEARING DATE ON THE DISPOSITIVE 

MOTION TO DISMISSS FOR FAILURE TO STATE A CLAIM 

AND THE LACK OF THE COURT'S JURISDICTION. THIS 

VIOLATED APPELLANT'S [AND OTHERS] RIGHTS 

SECURED BY ARTICLE I, SECTION 16, OHIO CONSTITUTION AND THE 14TH AMENDMENT TO THE UNITED 

STATE'S CONSTITUTION. 

[2.] THE COURT OF ADMINISTRATIVE JUDGE CHARLES 

SCHNEIDER ERRED IN ITS FAILURE TO TIMELY RULE 

AND HIS DENIAL OF A MOTION TO STRIKE THE 

PLEADINGS OF ATTORNEY SARAH GRAHAM, 
No. 14AP-171 3 

CLEVELAND, AS THE ATTORNEY OF RECORD ERIC 

WILLISON HAD NOT WITHDRAWN IN ACCORDANCE 

WITH FRANKLIN COUNTY RULE 1801 [B] DEPRIVING 

APPELLANT OF HIS 1ST AND 14TH AMENDMENTS TO THE 

US CONSTITUTION; ARTICLE 1 SECTION 16 OF THE OHIO 

CONSTITUTION, AND THE PREAMBLE TO THE LOCAL 

FRANKLIN COUNTY COURT RULES. 

[3.] THE COURT OF JUDGE SCHNEIDER ERRED IN 

REFERING THIS INSTANT CASE WHICH DEMANDED 

TRIAL BY JURY ON BOTH THE FED AND ITS "MOTION 

TO DISMISS – LACK OF JURISDICTION"; SPECIFIC 

ANSWER DENING AND INITIAL COUNTER CLAIM FOR 

COMPENSATORY AND PUNITIVE DAMAGES; TO ANYONE 

OTHER THAN LAWFULLY APPOINTED MAGISTRATE 

PURSUANT TO ORCP53 [A AND C] DEPRIVING 

PLAINTIFF OF HIS 1ST AND 14TH AMENDMENTS TO THE 

US CONSTITUTION, ARTICLE 1 SECT 16 TO THE OHIO 

CONSTITUTION. 

[4.] THE COURT OF JUDGE SCHNEIDER AND HIS 

UNLAWFULLY ASSIGNED MAGISTRATES ERR IN 

HOLDING AND PROCEEDING WITH LESS THAN 10 DAYS 

NOTICE TO DEFENDANT APPELLANT BECAUSE OF 

PROVISIONS OF A SPEEDY HEARING/TRIAL IN ORC 

2945.71 SPECIFICALLY WAVES ANY SPEEDY TRIAL 

PROVISIONS IF ANY MOTIONS OR REQUEST OR 

CONTINUANCE IS FILED WHICH HAS DEPRIVED 

APPELLANT OF HIS 1ST AND 14TH AMENDMENTS TO THE 

US CONSTITUTION, AND TO HIS RIGHTS TO A TRIAL BY 

JURY AS REQUIRED BY THIS HONORABLE COURT IN A 

UNANIMOUS DECISAION IN NCR V TIMSON, 38 OHIO 

APP. 3RD 798 [1992] THE RIGHT TO A TRIAL BY JURY WAS 

AGAIN CONFIRMED BY THE VERY SUMMONS IN THIS 

INSTANT CASE. 

[5.] THE COURTS OF ADMINISTRATIVE JUDGE CHARLES 

SCHNEIDER ERRED IN FAILING TO APPOINT MAGISTRATES PURSUSANT TO 53 1 FC LOCAL RULES AND 

THE REFERALLS TO VARIOUS NON-APPOINTED

MAGISTRATES ERRED IN THEIR UNSCHEDULED AND 

NON-PUBLISHED TRIAL DATES OF DECEMBER 10TH, 

2013 JANUARY 23RD, 2014; FEBRUARY 6TH, 2014, FEB 10TH, 

2014, FEB 20TH, 2014 DEPRIVING DEFENDANT OF 

PUBLISHED TRIAL SCHEDULES, TIMELY WRITTEN 

NOTICES, OR A VOICE COMMUNICATION TO THE 
No. 14AP-171 4 

BLIND, TRIAL BY JURY OR RULING UPON HIS MOTION 

TO DISMISS. IN VIOLATION OF RIGHTS SECURED BY 

THE 1ST AND 14TH AMENDMENTS TO THE US 

CONSTITUION, ARTICLE I SECTION 16 OF THE OHIO 

CONSTITUTION, OHIO RULES OF CIVIL PRCEDURE 

LAWS CITED SUPRA. 

[6.] THE COURT ERRED IN ITS WRIT OF EXECUTION 

RECOMMENDED BY NON APPOINTED MAGISTRATE 

PETTUCCI OF FEB 20, 2014 BY JUDGE SCHNEIDER ON 

FEB 25, 2014 BEING LESS THAN 5 DAYS FOR DEFENDANT TO OBJECT TO THE NON-NON PUBLISHED 

HEARING OF FEB 20, 2014 THAT FAILED TO RULE ON 

HIS MOTION TO DISMISS AND OR MOTION TO STRIKE 

AND DEPRIVED APPELLANT OF HIS CONSTITUTIONAL 

RIGHTS TO TIMELY NOTICE AND A TRIAL BY JURY. SEE 

NCR VS TIMSON, 38 OHIO APP. 3RD, P798 APPLIED. 

(Emphasis sic; sic passem.) 

{¶ 6} In the present case, we find appellant's assignments of error to be moot 

because appellant has vacated the premises. As this court stated in C & W Invest. Co. v. 

Midwest Vending, Inc., 10th Dist. No. 03AP-40, 2003-Ohio-4688: 

A FED action decides only the right to immediate possession 

and nothing else * * * If immediate possession is no longer an 

issue due to vacation, and the landlord has restored the 

property, then continuation of the FED action or an appeal of 

such is unnecessary, as there is no further relief that may be 

granted. 

Id. at ¶ 9, citing Seventh Urban, Inc. v. Univ. Circle, 67 Ohio St.2d 19, 25, fn. 11 (1981), 

and Long v. MacDonald, 3d District No. 3-02-10, 2002-Ohio-4693 (holding that the 

tenant's appeal is moot regardless of whether the tenant's vacation is voluntary or not). 

{¶ 7} Because the assignments of error are moot, we decline to address the 

merits. 

{¶ 8} Accordingly, appellant's six assignments of error are moot, and the 

judgment of the Franklin County Court of Common Pleas is affirmed. 

Judgment affirmed. 

BROWN and KLATT, JJ., concur. 

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