Kelley v. Johnston

State: Ohio

Docket No: 2001-Ohio-2622

Case Date: 11/14/2001

Plaintiff: Kelley

Defendant: Johnston

Preview:IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
GALLIA COUNTY

JACKSON L. KELLEY, : Case No. 01CA5
:
:

Plaintiff-Appellee, : DECISION AND
: JUDGMENT ENTRY

vs. :
:
:

DALE JOHNSTON, : Released 11/14/01

CATHERINE JOHNSTON, :
:
:
Defendants-Appellants. :
:

APPEARANCES:

Jackson L. Kelley, Crown City, Ohio, Pro Se Appellee.

Dale and Catherine Johnston, Crown City, Ohio, Pro Se
Appellants.

Harsha, J.

Dale and Catherine Johnston appeal the judgment of the

Gallipolis Municipal Court in favor of Jackson Kelley, their

former landlord. The appellants allege nine assignments of

error for our review:

FIRST ASSIGNMENT OF ERROR
THE COURT ERRED IN AWARDING CLEANING AND PAINTING COSTS TO
THE PLAINTIFF-APPELLEE.

SECOND ASSIGNMENT OF ERROR
THE COURT ERRED IN AWARDING EXCESSIVE COSTS FOR REPAIRS.

THIRD ASSIGNMENT OF ERROR

THE COURT ERRED IN AWARDING EXCESSIVE COSTS FOR MATERIALS.
FOURTH ASSIGNMENT OF ERROR
THE COURT ERRED IN AWARDING EXCESSIVE COSTS FOR LABOR.

FIFTH ASSIGNMENT OF ERROR
PLAINTIFF-APPELLEE FAILED TO PROVE DEFENDANT-APPELLANT
CAUSED DAMAGES.

SIXTH ASSIGNMENT OF ERROR
THE COURT ERRED IN CALCULATING THE AWARD AMOUNTS FOR THE
PLAINTIFF-APPELLEE WITH INSUFFICIENT EVIDENCE OF EXPENSES.

SEVENTH ASSIGNMENT OF ERROR
THE COURT ERRED IN AWARDING DAMAGES THAT WERE BASED ON
INSUFFICIENT EVIDENCE OF EXPENSES.

EIGHTH ASSIGNMENT OF ERROR
PLAINTIFF-APPELLEE FAILED TO PRESENT EVIDENCE OF THE
DIFFERENCE IN VALUE OF THE PROPERTY IN ORDER TO RECOVER FOR
DAMAGES.

NINTH ASSIGNMENT OF ERROR
THE COURT ERRED IN ALLOWING THE PLAINTIFF-APPELLEE TO
PROCEED IN THIS ACTION WHICH IS IN VIOLATION OF R.C.
5321.16(B).

The appellants, Dale and Catherine Johnston, were tenants
for approximately three and one-half years in a home owned by
the appellee Jackson Kelley. While the record does not contain
any reference to the nature of the lease, the appellants
submitted a $300 security deposit to the appellee. In early
January of 2000 the appellant

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