BODY POWER V JOSEPH MANSOUR ET.AL

APPELLANT BRIEF RE JUDGMENT ENTRY DENYING MOTION TO ENFORCE NOT A FINAL APPELABLE ORDER

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Defendants Mansour and INF, ("INF")won summary judgement on September 13, 1996 after the Court of Appeals reversed the first judgment againt INF.A motion is filed requesting the return of all business assets from the Receiver and Plaintiff. The Court ruled that as a result of the summary judgment won by INF there is no pending case and hence the Court can not enforce an Order directing the Plaintiff, Body Power to return the business or its assets.

This case is idle from July 1999 thru October 2006. Mansour after taking numerous courses in appealable judgments reviewed his case to see if there is anything missed. Mansour discovered all of the previous attorneys were wrong as he found the case was never closed under Civ R. 58 and the judgment of September 13, 1996 is an interlocatory order.On October 6, 2006, Mansour filed to close the case and filed a notice of Appeal.

The issue on Appeal is whether the Summary Judgement of September 13, 1996 is a final appealable order and whether the Court could enforce the turnover motion.

THe Court of Appeals found the September 13, 1996 order is interlocatory and ordered the case remanded back to the Trial Court for execution of the Motion to Enforce the return of the business assets.

This case is a perfect example of attorneys not following up on the basic issues of folloiwng the Procedural aspects of the case as well as the substantiave aspects.

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Reference Info:Appellate Brief | State, 6th Circuit, Ohio | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© JOSEPH MANSOUR , CPA, CFE, CEO, CFO, MANSOUR CONSULTING CPA FIRM, LLC | Attorney Advertising

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