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Ertle v. Barath
Citation: 2011 Ohio 6080Docket: 96650
Court: Ohio Court of Appeals; November 22, 2011; Ohio; State Appellate Court
Original Court Document: View Document
In Ertle v. Barath, 2011-Ohio-6080, the Court of Appeals of Ohio upheld the Rocky River Municipal Court's decision denying Mary Barath's motion to vacate a judgment that ordered her to pay John B. Ertle, Jr. $2,000 plus interest and costs. The case stemmed from a small claims complaint filed by Ertle in December 2010, alleging unpaid legal services. Following a court-ordered mediation on February 18, 2011, Barath, represented by counsel, agreed to a settlement requiring her to pay Ertle $1,075 in installments, with a stipulation that failure to comply would result in a full payment of $2,000. Barath later filed a pro se motion to vacate the judgment, claiming she felt pressured into the settlement and alleging exploitation and threats by Ertle. However, the court found no merit in her claims, noting that Barath had only interacted with her attorney during mediation, and Ertle had no opportunity to exert pressure on her. On March 18, 2011, the trial court denied her motion and reaffirmed the judgment against her due to non-payment. Barath appealed, raising an assignment of error regarding the court's refusal to grant injunctive relief against alleged harassment and property encroachment, but the appellate court found her arguments unclear and unsubstantiated. The judgment was ultimately affirmed. The appellant, Barath, claims that her initial decision should suffice to invalidate a Settlement Agreement, arguing that the trial court should have exercised discretion to reverse it based on her position. She cites the case Natl. Court Reporters, Inc. v. Krohn to support her claim; however, the actual ruling from that case affirms the trial court's discretion to enforce settlement agreements when there is competent evidence backing its findings. The court clarifies that Barath's interpretation misrepresents the precedent, as she provides no additional authority to support her argument. Barath criticizes her attorney, Ertle, but fails to address the specifics of the settlement agreement itself. Ertle counters that Barath could not have been improperly influenced during the proceedings, as the parties were kept separate after opening statements, a point Barath acknowledges in her brief. The court finds no error in the trial court's decision and overrules Barath's assignment of error, affirming the judgment. The court orders that costs be taxed to the appellant and acknowledges reasonable grounds for the appeal, directing a special mandate for the execution of the judgment.