[Cite as NVDA Properties, L.L.C. v. Lambert, 2013-Ohio-5222.]

COURT OF APPEALS 

RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

NVDA PROPERTIES, LLC 

 Plaintiff-Appellee 

-vsJOSEPH LAMBERT 

 Defendant-Appellant 

JUDGES: 

: Hon. W. Scott Gwin, P.J. 

: Hon. William B. Hoffman, J. 

: Hon. John W. Wise, J. 

: 

: 

: Case No. 13CA85 

: 

: 

: O P I N I O N

CHARACTER OF PROCEEDING: Civil appeal from the Shelby Municipal 

Court, Case No. CVG 13-204 

JUDGMENT: Dismissed 

DATE OF JUDGMENT ENTRY: November 22, 2013 

APPEARANCES: 

For Plaintiff-Appellant For Defendant-Appellee 

SHEREE STUDER GREGORY S. REICHENBACH 

BENHAM & REAM Box 256 

150 Mansfield Avenue Bluffton, OH 45817 

Shelby, OH 44875 
[Cite as NVDA Properties, L.L.C. v. Lambert, 2013-Ohio-5222.]

Gwin, P.J. 

{¶1} Defendant-appellant Joseph Lambert appeals the September 6, 2013 

Judgment Entry of the Shelby Municipal Court in favor of Plaintiff-appellee NVDA 

Properties, LLC. 

Facts and Procedural History 

{¶2} This appeal arises from a forcible entry and detainer action initiated by 

Appellee in the Shelby Municipal Court. 

{¶3} On September 6, 2013, following a hearing, the judge issued a Judgment 

Entry granting Appellee a writ of restitution. A writ of restitution was issued on 

September 6, 2013. On September 16, 2013, appellant filed a Motion to Stay Execution 

of Judgment. On September 18, 2013, an Order and Judgment Entry was filed with the 

handwritten notion, “on writ of restitution only not signed 9-18-13.” No judge’s signature 

appears on the document. Appellant concedes in his Brief that he has vacated the 

premises. (Appellant’s Brief at n.1). 

Assignments of Error 

{¶4} Appellant now appeals, assigning as error: 

{¶5} “I. THE TRIAL COURT'S JUDGMENT ON THE FORCIBLE ENTRY AND 

DETAINER CLAIM MUST BE VACATED, BECAUSE DEFENDANT-APPELLANT WAS 

PREVENTED FROM CROSS-EXAMINING PLAINTIFF-APPELLEE'S WITNESS, AND 

FROM TESTIFYING HIMSELF, REGARDING THE TERMS OF THE RENTAL 

AGREEMENT. 

{¶6} “II. THE TRIAL COURT'S JUDGMENT ON THE FORCIBLE ENTRY AND 

DETAINER CLAIM MUST BE VACATED BECAUSE THERE IS INSUFFICIENT 
Richland County, Case No. 13CA85 3 

EVIDENCE IN THE HEARING RECORD TO SUPPORT ENTERING JUDGMENT IN 

FAVOR OF NVDA ON THE FORCIBLE ENTRY AND DETAINER.” 

{¶7} Since appellant vacated the premises, the first issue that must be 

addressed by this Court is whether the appeal is moot, and if the appeal is moot, 

whether it should be decided on the merits by this court. 

{¶8} Generally, vacation of the residence at issue renders the issues in a 

forcible entry and detainer action moot, thereby depriving the Court of jurisdiction to 

proceed. The Ohio Supreme Court has stated that forcible entry and detainer actions 

decide the right to immediate possession of property and “nothing else.” Seventh Urban, 

Inc. v. Univ. Circle Property Dev., Inc., 67 Ohio St.2d 19, 25, n. 11, 423 N.E.2d 

1070(1981). “Once a landlord has been restored to property, the forcible entry and 

detainer action becomes moot because, having been restored to the premises, there is 

no further relief that may be granted to the landlord.” United States Secy. of Hous. and 

Urban Dev. v. Chancellor, 8th Dist. Cuyahoga No. 73970, 1999 WL 126170(Feb 25, 

1999). See Crossings Dev. Ltd. Partnership v. H.O.T., Inc., 96 Ohio App.3d 475, 479-

80, 645 N.E. 2d 159(9th Dist. 1994); Reck v. Whalen, 114 Ohio App.3d 16, 19, 682 

N.E.2d 721(2nd Dist. 1996). Therefore, a tenant's vacation of the premises renders all 

the issues in regards to a forcible entry and detainer action moot. United States Secy. of 

Hous. and Urban Dev., supra. See Crossings Dev. Ltd. Partnership, 96 Ohio App.3d at 

480, 645 N.E. 2d 159(9th Dist. 1994); Alex-Bell Oxford Ltd. Partnership v. Woods, 2nd 

Dist. Montgomery No. 16038, 1998 WL 289028(June 5, 1998). Accordingly, we find the 

issue in this case to be moot because appellee’s immediate possession is no longer an 
Richland County, Case No. 13CA85 4 

issue. Showe Management Corp. v. Moore, 5th Dist. Licking No. 08CA10, 2009-Ohio2312, ¶36; Kajganic v. Miller, 5th Dist. Stark No. 2007CA00282, 2008-Ohio-4530, ¶11. 

{¶9} In the instant matter, Appellee was successful in its action, obtained a writ 

of restitution, and appellant has left the premises. Accordingly, any error in the trial court 

proceedings relative to Appellee's forcible entry and detainer action is rendered moot. 

Such is true because Appellee is now in possession of the property and any decision 

rendered by this Court would have no effect on the forcible entry and detainer action. Id.

(“[The Revised Code] does not provide jurisdiction to place a defendant who is out of 

possession into possession.”) Miller, 5th Dist. Stark No. 2007CA00282, 2008-Ohio4530, ¶11. Appellant's assigned errors are therefore moot and overruled. 

{¶10} Accordingly, we dismiss Lambert's appeal as moot. 

{¶11} APPEAL DISMISSED. 

By Gwin, P.J., 

Hoffman, J., and 

Wise, J., concur 

 _________________________________ 

 HON. W. SCOTT GWIN 

 _________________________________ 

 HON. WILLIAM B. HOFFMAN 

 _________________________________ 

 HON. JOHN W. WISE 

WSG: clw 1112 
[Cite as NVDA Properties, L.L.C. v. Lambert, 2013-Ohio-5222.]

IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

NVDA PROPERTIES, LLC : 

 : 

 Plaintiff-Appellee : 

 : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

JOSEPH LAMBERT : 

 : 

 : 

 Defendant-Appellant : CASE NO. 13CA85 

 For the reasons stated in our accompanying Memorandum-Opinion, the appeal is 

dismissed. Costs to appellant. 

 _________________________________ 

 HON. W. SCOTT GWIN 

 _________________________________ 

 HON. WILLIAM B. HOFFMAN 

 _________________________________ 

 HON. JOHN W. WISE