DocketNumber: No. CA88-08-060
Citation Numbers: 567 N.E.2d 1322, 58 Ohio App. 3d 14
Judges: YOUNG, J.
Filed Date: 2/27/1989
Status: Precedential
Modified Date: 1/13/2023
This cause involves a continuing dispute over the rights to a joint and survivorship account held in the names of appellant, Charles Hollingsworth, and his late mother, Mabel E. Hollingsworth. On January 9, 1987, the Warren County Court of Common Pleas, Probate Division, found that the account should be placed into the estate of Mabel E. Hollingsworth to be distributed as an asset of the estate. However, the court subsequently reconsidered its decision and excluded the account from the inventory. Pursuant to an appeal by the executrix, appellee Garnett Gilbert, we reversed the trial court's decision and remanded the cause to the trial court with a mandate to place the account into the estate to be distributed as an asset of the estate. In re Estate of Hollingsworth (Mar. 31, 1988), Warren App. No. CA87-06-050, unreported. The Ohio Supreme Court refused to accept the case for review on August 3, 1988 (see
Upon remand, the trial court granted a motion to compel appellant to pay over to the estate $45,325.56 plus interest from the date of death as proceeds from the account pursuant to this court's mandate of March 31, 1988. Appellant refused to pay over the money, however, and filed the instant appeal, arguing that the trial court could not compel him to pay over money which was lawfully in his possession. Appellee filed a motion to dismiss and penalize on the grounds that appellant was simply ignoring this court's previous mandate and asserting arguments that we had previously addressed.
We find appellee's motion to dismiss to be well-taken. The order from which appellant appeals is not a final appealable order under R.C.
We further find appellee's motion to penalize to be well-taken. App. R. 23 allows a court of appeals to require appellant to pay reasonable expenses of the appellee, including attorney fees and costs, upon a finding that an appeal is frivolous. An appeal may be considered frivolous if it is insufficient *Page 16
on its face. See Brown v. Lamb (1960),
This cause is dismissed.
Cause dismissed.
HENDRICKSON, P.J., concurs.
KOEHLER, J., dissents.