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Photo of Lake County

Court

Lake County

Ohio

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Case Information

Filed 2022-05-05
Type Declaratory Judgment
Docket 127 entries

Parties

Plaintiff Fantin Yusta, Ettore|Old Republic National Title Insurance Company
Photo of Hon. O'DONNELL JOHN P

Judge

Hon. O'DONNELL JOHN P

Lake County (OH)

Ohio

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Lawyers

Docket Entries

  1. Additional parties deposit.
  2. Initial civil action deposit. Receipt: 470313 Date: 05/05/2022
  3. CIVIL MANDATORY FILING FEES Receipt: 470313 Date: 05/05/2022
  4. Complaint, filed. Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  5. Case designation sheet, filed. Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  6. PAYPAL CONVENIENCE FEE Convenience Fee Receipt: 470313 Date: 05/05/2022
  7. Pre-trial Orders
  8. Clerk fees Receipt: 488213 Date: 05/02/2023
  9. Issue Date: 05/06/2022 Service: Summons and all pleadings listed - FedEx Method: FEDEX SPROUL, DOROTHY 8379 PADDOCK COURT MENTOR, OH 44060 Tracking No: 272838767102 LOVELL, KATHLEEN 2019 BOXER LANE UNIT 607 INDEPENDENCE, KY 41051 Tracking No: 272838769241 Receipt: 488213 Date: 05/02/2023
  10. AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, EQUITABLE RELIEF AND MONEY JUDGMENT Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  11. PRAECIPE Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  12. Issue Date: 05/12/2022 Service: Summons and all pleadings listed - certified mail Method: CERTIFIED MAIL DOYLE, ALAN 3080 TOWNLINE RD PERRY, OH 44081 Tracking No: 9414726699042190585898 OUR LADY OF LOURDES SHRINE 21281 CHARDON RD EUCLID, OH 44117 Tracking No: 9414726699042190585904 Receipt: 488213 Date: 05/02/2023
  13. FEDEX SERVICE DELIVERED Method : FEDEX Issued : 05/06/2022 Service : Summons and all pleadings listed - FedEx Served : 05/12/2022 Return : 05/12/2022 On : LOVELL, KATHLEEN Signed By : K.LOVELL Reason : FedEx Delivered Comment : 05/11/2022 11:46 am: Customer not available or business closed. 05/11/2022 12:02 pm: Package delayed 05/12/2022 11:23 am: Delivered Tracking #: 272838769241
  14. Certified RR# 2190 585898 to **Alan Doyle returned and filed. Service date *5-17-22
  15. FED EX FAILURE ## 272838767102 to SPROUL, DOROTHY returned to sender, Customer not available or business closed. Method : FEDEX Issued : 05/06/2022 Service : Summons and all pleadings listed - FedEx Served : Return : 05/26/2022 On : SPROUL, DOROTHY Signed By : Reason : FedEx Delivery Delay Comment : 05/11/2022 12:42 pm: Customer not available or business closed. 05/11/2022 12:57 pm: Package delayed 05/12/2022 10:58 am: Customer not available or business closed. 05/12/2022 11:13 am: Package delayed Tracking #: 272838767102
  16. Notice of Appearance as counsel for defendant Kathleen Lovell and defendant Alan Doyle, Certificate of service Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  17. Service Notification
  18. Joint motion for extension of time to respond to plaintiffs amended complaint of defendant Kathleen Lovell and defendant Alan Doyle , certificate of service, filed. Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  19. Service Notification
  20. JOURNAL ENTRY FILED:For good cause shown, Defendants’ Joint Motion for Extension of Time to Respond to Plaintiff’s Amended Complaint is hereby GRANTED. Defendants Kathleen Lovell and Alan Doyle shall respond to the Plaintiff’s Amended Complaint on or before July 14, 2022. IT IS SO ORDERED. Receipt: 488213 Date: 05/02/2023 Receipt: 491920 Date: 07/14/2023
  21. Service Notification
  22. Notice of failure of service issued to attorney(Dorothy Sproul) Receipt: 491920 Date: 07/14/2023
  23. Notice of appearance as counsel for the defendant Sisters of the Order of the Most Holy Trinity Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  24. Service Notification
  25. Joint motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted by defendants Kathleen Lovell, Alan Doyle and the sisters of the order of the Most Holy Trinity Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  26. Service Notification
  27. NOTICE OF DISMISSAL OF CLAIMS AS TO KATHLEEN LOVELL Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  28. Service Notification
  29. PLAINTIFF'S COMBINED MEMORANDUM IN OPPOSITION TO THE MOTION TO DISMISS OF NEW-PARTY DEFENDANTS ALAN DOYLE AND OUR LADY OF LOURDES SHRINE OR, IN THE ALTERNATIVE, MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  30. Service Notification
  31. MOTION TO STRIKE EXHIBIT A ATTACHED TO PLAINTIFF'S COMBINED MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  32. JOINT REPLY BRIEF OF DEFENDANTS ALAN DOYLE AND THE SISTER OF THE ORDER OF THE MOST HOLY TRINITY Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  33. DEFENDANTS JOINT BRIEF IN OPPOSITION TO MOTION TO AMEND THE AMENDED COMPLAINT Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  34. DEFENDANTS' JOINT MOTION TO STAY LITIGATION Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  35. Service Notification
  36. Service Notification
  37. Service Notification
  38. Service Notification
  39. JOINT MOTION TO STAY LITIGATION Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  40. Service Notification
  41. JOURNAL ENTRY FILED:WHEREFORE, it is the order of this court that (1) the Joint Motion to Dismiss the Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted by Defendants Kathleen Lovell, Alan Doyle and the Sisters of the Order of the Most Holy Trinity, (2) Defendants’ Joint Motion to Stay Litigation, and (3) the Joint Motion [of Plaintiff and Defendants Alan Doyle and the Sisters of the Order of the Most Holy Trinity] to Stay Litigation are denied; and (1) Plaintiff’s Motion for Leave to File Second Amended Complaint, and (2) the Motion to Strike Exhibit A Attached to Plaintiff’s Combined Memorandum in Opposition to Defendants’ Motion to Dismiss are denied as moot. IT IS SO ORDERED Receipt: 491920 Date: 07/14/2023
  42. Service Notification
  43. ANSWER OF DEFENDANT THE SISTERS OF THE ORDER OF THE MOST HOLY TRINITY TO THE AMENDED COMPLAINT Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  44. ANSWER OF DEFENDANT ALAN DOYLE TO THE AMENDED COMPLAINT Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  45. Service Notification
  46. Service Notification
  47. JOURNAL ENTRY FILED:WHEREFORE, it is the order of this court that Plaintiff shall initiate service upon the Defendant Dorothy Sproul, by certified mail or other means consistent with Civ.R. 4, within fourteen (14) days hereof. IT IS SO ORDERED. Receipt: 491920 Date: 07/14/2023
  48. Service Notification
  49. Instructions for service, filed. Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  50. Summons on amended complaint, amended complaint issued to Dorothy Sproul by Cert Mail RR# 9414 7266 9904 Receipt: 491920 Date: 07/14/2023
  51. Certified Mail rr# **941472669904 to **Dorothy Sproul returned to sender, **notify sender of new address
  52. Notice of failure of service issued to attorney Receipt: 491920 Date: 07/14/2023
  53. DEFENDANTS' JOINT MOTION TO CONSOLIDATE Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  54. Service Notification
  55. JOURNAL ENTRY FILED:WHEREFORE, it is the order of this court that Plaintiff shall initiate service upon the Defendant Dorothy Sproul, by certified mail or other means consistent with Civ.R. 4, at 1386 Elizabeth Blvd Apt. 126, Painesville OH 44077, within ten (10) days hereof. IT IS SO ORDERED. Receipt: 491920 Date: 07/14/2023
  56. Service Notification
  57. Instructions for service, filed. Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  58. Issue Date: 02/02/2023 Service: Summons and all pleadings listed - certified mail Method: CERTIFIED MAIL Writ: 2.00 Postage: 9.72 SPROUL, DOROTHY 1386 ELIZABETH BLVD 126 PAINESVILLE, OH 44077 Tracking No: 9414726699042204743719 Receipt: 491920 Date: 07/14/2023
  59. Clerk fees for copies Receipt: 491920 Date: 07/14/2023
  60. Pre-trial Orders
  61. Certified RR# 9414726699042204743719 to Dorothy Sproul returned and filed. Service date omitted
  62. Notice of Appearance, Certificate of service NOTICE OF APPEARANCE AS COUNSEL FOR DEFENDANT DOROTHY SPROUL Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  63. Answer, certificate of service ANSWER OF DEFENDANT DOROTHY SPROUL TO THE AMENDED COMPLAINT Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  64. Service Notification
  65. Service Notification
  66. Scheduled Event: CASE MANAGEMENT CONFERENCE BY PHONE Date: 02/27/2023 Time: 9:00 am Judge: O'DONNELL, JOHN P. Location: Result: Time change only
  67. Judge's hearing notice
  68. Service Notification
  69. Scheduled Event: CASE MANAGEMENT CONFERENCE BY PHONE Date: 02/27/2023 Time: 1:30 pm Judge: O'DONNELL, JOHN P. Location:
  70. Judge's hearing notice
  71. Service Notification
  72. Motion, certificate of service, filed. MOTION TO SUBSTITUTE OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY AS THE PARTY-PLAINTIFF Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  73. Service Notification
  74. STIPULATION JOINT STIPULATIONS OF FACTS OF PLAINTIFF AND DEFENDANTS Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  75. Service Notification
  76. JOURNAL ENTRY FILED: Motions for Summary Judgment on the presentment to the estate issue only shall be filed by March 14, 2023. Any briefs in opposition shall be filed by March 24, 2023 and Reply Briefs shall be filed by April 7, 2023. IT IS SO ORDERED. Receipt: 491920 Date: 07/14/2023
  77. Service Notification
  78. JOURNAL ENTRY FILED: WHEREFORE, it is the order of this court that the Clerk of Courts 1) consolidate Case No. 22CV00900 into Case No. 22CV000555 and transfer any funds on deposit in Case No. 22CV000900 to Case No. 22CV000555; and 2) add to the index of Case No. 22CV000555, “Michael J. O’Brien, Executor of the Estate of Albert A. Sproul” as a party Defendant, and Thomas J. Bralliar, Esq. as his counsel. IT IS SO ORDERED. Receipt: 491920 Date: 07/14/2023
  79. Service Notification
  80. JOINT MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS MICHAEL J. O'BRIEN, EXECUTOR OF THE ESTATE OF ALBERT A. SPROUL, ALAN DOYLE, THE SISTERS OF THE ORDER OF THE MOST HOLY TRINITY, AND DOROTHY SPROUL Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  81. Service Notification
  82. JOURNAL ENTRY FILED: WHEREFORE, it is the order of this court that Old Republic is substituted in-place of Ettore Fantin-Yusta as the party-plaintiff in this action. The Clerk of Courts shall amend the index accordingly. IT IS SO ORDERED Receipt: 491920 Date: 07/14/2023
  83. Service Notification
  84. SUBSTITUTED PLAINTIFF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY'S COMBINED MEMORANDUM IN OPPOSITION TO THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANT MICHAEL J. O'BRIEN, EXECUTOR OF THE ESTATE OF ALBERT A. SPROUL & CROSS-MOTION FOR SUMMARY JUDGMENT AGAINST MICHAEL J. O'BRIEN, EXECUTOR OF THE ESTATE OF ALBERT A. SPROUL Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  85. Service Notification
  86. DEFENDANTS' JOINT REPLY BRIEF AND BRIEF IN OPPOSITION TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  87. DEFENDANTS' MOTION TO STAY CONSIDERATION OF PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT RELATED TO UNJUST ENRICHMENT, EQUITABLE SUBROGATION, AND CONSTRUCTIVE TRUST CLAIMS Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  88. DEFENDANTS' JOINT MOTION TO STRIKE Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  89. Service Notification
  90. Service Notification
  91. Service Notification
  92. Clerk fees from 22CV000900 Receipt: 491920 Date: 07/14/2023
  93. Deposit (open items) from 22CV000900 Receipt: 485642 Date: 03/13/2023
  94. DEFENDANTS' AMENDED JOINT MOTION TO STRIKE Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  95. Service Notification
  96. JOURNAL ENTRY FILED: IT IS FURTHER ORDERED that Defendants’ Motion to Strike [Certain Exhibits to Plaintiff’s Cross-Motion for Summary Judgment] is denied, and Defendants’ Motion to Stay Consideration of Plaintiff’s Cross-Motion for Summary Judgment Related to Unjust Enrichment, Equitable Subrogation, and Constructive Trust Claims is moot. Court costs are assessed to Defendant Michael J. O’Brien, Executor of the Estate of Albert A. Sproul. IT IS SO ORDERED. Receipt: 491920 Date: 07/14/2023
  97. Service Notification
  98. Notice of final appealable order issued by regular mail to Thomas B. Bralliar, Jr., Esq., David L. Van Slyke, Esq., postal certificate of mailing. Receipt: 491920 Date: 07/14/2023
  99. SUBSTITUTED PLAINTIFF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY'S NOTICE OF FILING CERTIFIED COPY OF EXHIBITS A, B, C, D, E-1, E-3 AND H-1 Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  100. SUBSTITUTED PLAINTIFF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY'S NOTICE OF FILING AFFIDAVIT OF AMY MYERSCOUGH Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  101. Service Notification
  102. Service Notification
  103. MOTION TO AMEND MARCH 28, 2023, JUDGMENT ENTRY Attorney: VAN SLYKE ESQ, DAVID L. (0077721)
  104. Service Notification
  105. JOURNAL ENTRY FILED: WHEREFORE, it is the order of this court that Substituted-Plaintiff’s Motion to Amend March 28, 2023 Judgment Entry is denied. IT IS SO ORDERED Receipt: 491920 Date: 07/14/2023
  106. Service Notification
  107. Notice of final appealable order issued by regular mail to David L. Van Slyke, Esq., Thomas B. Bralliar, Jr., Esq. Receipt: 491920 Date: 07/14/2023
  108. Notice of Appearance of Additional Counsel Attorney: LEVINE, JACOB H (0092926)
  109. Service Notification
  110. Notice of Appeal, No Transcript, Journal Entry of 03/28/2023, docketing statement, certificate of service, filed. Attorney Thomas B. Bralliar Jr. ESQ CA Number 2023-L-043 Copies of Notice of appeal, all accompanying documents issued to David VanSlyke and Judge O'Donnell and Warren. Postal certificate and or signed receipt in file.
  111. Notice of Appeal, No Transcript, Journal Entry of 03/28/2023, docketing statement, certificate of service, filed. Attorney Jacob Levine CA 2023-L-044 Copies of Notice of appeal, all accompanying documents issued to Thomas B. Bralliar Jr., and Judge O'Donnell and Warren. Postal certificate and or signed receipt in file.
  112. NOTICE OF FILING CORRECTED EXHIBIT TO NOTICE OF APPEAL *NOTE TO CLERK* A SIMILAR NOTICE IS ALSO BEING FILED WITH THE 11TH DISTRICT IN APPELLATE CASE. Attorney: LEVINE, JACOB H (0092926)
  113. Service Notification
  114. Civil 2 computer (Judge O'Donnell) Receipt: 488213 Date: 05/02/2023
  115. Reimbursement of costs CHECK TO BE ISSUED TO DAVID L VAN SLYKE
  116. BILLING - INITIAL NOTICE Initial Billing Statement Sent on: 05/02/2023 10:38:56.62
  117. Transcript of Docket and Journal Entries issued to Court of Appeals Case # 2023-L-044
  118. Copy of pleading issued to Judge O'Donnell's Gatekeeper and to Kathy Miller via email
  119. Transcript of Docket and Journal Entries issued to Court of Appeals Case # 2023-L-043
  120. Copy of pleading issued to Judge O'Donnell's Gatekeeper and to Kathy Miller via email
  121. BILLING - FINAL NOTICE OBRIEN EXECUTOR, MICHAEL J was sent notice for $696.23. Balance: $696.23 Past Due: $696.23 Printed on 06/07/2023 09:35:55.65.
  122. JOURNAL ENTRY FILED: AGREED JUDGMENT ENTRY VACATING JUDGMENT AND DISMISSING ACTION Receipt: 491920 Date: 07/14/2023
  123. Service Notification
  124. PROOF OF SERVICE OF AGREED JUDGMENT ENTRY VACATING JUDGMENT AND DISMISSING ACTION IN COMPLIANCE WITH OHIO CIV.R.5 Attorney: BRALLIAR, JR. ESQ, THOMAS B. (0064521)
  125. Service Notification
  126. BILLING -COLLECTIONS LETTER OBRIEN EXECUTOR, MICHAEL J was sent notice for $696.23. Balance: $696.23 Past Due: $696.23 Printed on 07/12/2023 09:48:21.20.
  127. Deposit (open items) OVERPAYMENT Receipt: 491920 Date: 07/14/2023

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