Filed: Jun. 06, 2013
Latest Update: Jun. 06, 2013
Summary: DECISION TYACK, J. { 1} Matt Straker and United Electric Enterprise, LLC are appealing from the trial court's approval of a settlement agreement reached by the other parties to this litigation. The actual assignment of error reads: THE TRIAL COURT ERRED BY GRANTING AN ORDER APPROVING THE NOVEMBER 28, 2012 SETTLEMENT AGREEMENT DISMISSING APPELLANTS' CLAIMS. { 2} The litigation began in January 2010 and within one week, a receiver was appointed to help defendant-appellee, Midwest Electric
Summary: DECISION TYACK, J. { 1} Matt Straker and United Electric Enterprise, LLC are appealing from the trial court's approval of a settlement agreement reached by the other parties to this litigation. The actual assignment of error reads: THE TRIAL COURT ERRED BY GRANTING AN ORDER APPROVING THE NOVEMBER 28, 2012 SETTLEMENT AGREEMENT DISMISSING APPELLANTS' CLAIMS. { 2} The litigation began in January 2010 and within one week, a receiver was appointed to help defendant-appellee, Midwest Electric C..
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DECISION
TYACK, J.
{¶ 1} Matt Straker and United Electric Enterprise, LLC are appealing from the trial court's approval of a settlement agreement reached by the other parties to this litigation. The actual assignment of error reads:
THE TRIAL COURT ERRED BY GRANTING AN ORDER APPROVING THE NOVEMBER 28, 2012 SETTLEMENT AGREEMENT DISMISSING APPELLANTS' CLAIMS.
{¶ 2} The litigation began in January 2010 and within one week, a receiver was appointed to help defendant-appellee, Midwest Electric Control Specialists, Inc. ("Midwest Electric") manage its affairs.
{¶ 3} Straker and Midwest Electric moved to intervene in the litigation 17 months later and were allowed to intervene in August 2011.
{¶ 4} Straker and United Electric Enterprises, LLC ("UEE") did not participate in several subsequent status conferences or in a mediation which was ordered by the trial court. The other parties reached an agreement which the trial court accepted, noting Straker's and UEE's lack of participation in the litigation and mediation.
{¶ 5} The trial court could justifiably conclude that Straker and UEE abandoned the litigation and any claims they had. Further, the entity to which UEE consistently referred as owing UEE money was not Midwest Electric, the primary debtor to The Huntington National Bank who initiated the litigation.
{¶ 6} We can find no fault in a trial judge not going out of their way to protect the interests of an entity which interpleads with reference to the wrong party and then fails to participate in the lawsuit, especially court-ordered mediation.
{¶ 7} The sole assignment of error is overruled. The judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
KLATT, P.J., and T. BRYANT, J., concur.
THOMAS F. BRYANT, J., retired of the Third Appellate District, assigned to active duty under the authority of Ohio Constitution, Article IV, Section 6(C).