Ross v. Hornack

[Cite as Ross v. Hornack, 2013-Ohio-1901.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 98961
KAREN ROSS
PLAINTIFF-APPELLANT
vs.
WILLIAM HORNACK, JR.
DEFENDANT-APPELLEE
JUDGMENT:
AFFIRMED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Probate Division
Case No. 2012 ADV 179487
BEFORE: Stewart, A.J., Celebrezze, J., and Rocco, J.
RELEASED AND JOURNALIZED: May 9, 2013
ATTORNEYS FOR APPELLANT
Joseph J. Corso
Joseph M. Percio
19111 Detroit Road, Suite 302
Rocky River, OH 44116
ATTORNEY FOR APPELLEE
Dean M. Boland
Boland Legal, L.L.C.
1475 Warren Road, Unit 770724
Lakewood, OH 44107
MELODY J. STEWART, A.J.:
{¶1} This case came to be heard upon the accelerated calendar pursuant to App.R.
11.1 and Loc.R. 11.1, the record from the Cuyahoga County Court of Common Pleas, and
the brief and oral argument of appellant’s counsel.
{¶2} Decedent Marian Hornack’s will left her entire estate to her son, William
Hornack, by specifically disinheriting her daughter, Karen Ross. When Hornack sought
to have the estate relieved of administration on grounds that it did not exceed $35,000 in
value, Ross responded by filing three separate actions in the probate division: a will
contest; a complaint for concealment of estate assets; and a complaint against Hornack for
intentional interference with her expectancy of inheritance. Hornack filed a motion to
dismiss the interference with expectancy of inheritance claim on ripeness grounds,
arguing that it would be premature to address that claim until the court determined the
validity of the will. The court granted the motion to dismiss, but on different grounds,
finding that it lacked plenary jurisdiction to hear a claim for intentional interference with
an expected inheritance. Ross’s sole assignment of error contests this conclusion.
{¶3} The court did not err by dismissing the interference with expectancy of
inheritance complaint. It correctly concluded that it had no statutory authority to hear
that complaint, nor did its plenary jurisdiction extend to encompass that claim. See Roll
v. Edwards, 156 Ohio App.3d 227, 2004-Ohio-767, 805 N.E.2d 162, ¶ 24 (4th Dist.);
Hoopes v. Hoopes, 5th Dist. No. 2006 CA 00220, 2007 Ohio App. LEXIS 1582 (Apr. 9,
2007). In any event, we agree in principle with Hornack’s argument that resolution of
the will contest is a necessary predicate to the interference claim — if the will is declared
valid, Ross cannot establish the essential element of that tort by showing that her
inheritance would have been realized but for the alleged interference by Hornack. Roll,
supra, at ¶ 31.
{¶4} Moreover, although appellant’s counsel argues that the current version of
R.C. 2101.24, the statute setting forth jurisdiction of the probate court, does give the court
authority to hear the interference claim, we note that the current version of R.C.
2101.24(B)(1)(c) was not in effect at the time Ross filed her action. The complaint was
filed June 8, 2012, so the version of R.C. 2101.24 in effect at that time was 2011 Ohio
S.B. 117, effective Mar. 22, 2012. That version does not contain the language used in
the current version of R.C. 2101.24 (2012 H.B. 479, effective Mar. 27, 2013). Inasmuch
as the probate court is a creature of statute and only has the jurisdiction specifically
conferred on it by statute, Corron v. Corron, 40 Ohio St.3d 75, 531 N.E.2d 708 (1988),
paragraph one of the syllabus, the version of R.C. 2101.24 in effect at the time Ross filed
her complaint controlled the probate court’s jurisdiction. Nothing in the statute granted
the court authority to determine an interference with inheritance claim.
{¶5} Judgment affirmed.
It is ordered that appellee recover of appellant his costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga
County Court of Common Pleas — Probate Division to carry this judgment into
execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
MELODY J. STEWART, ADMINISTRATIVE JUDGE
FRANK D. CELEBREZZE, JR., J., and
KENNETH A. ROCCO, J., CONCUR