 [LI] Motion filed in trial court today: "If Defendants wanted to stay execution of the mandate of the Ninth District Court of Appeals, they were required to seek that stay in the Ohio Supreme Court. They did not. Plaintiffs are entitled to judgment on the surety bond ...."
As posted recently, Oberlin College is seeking to have the Ohio Supreme Court hear an appeal from the massive $32 million judgment entered after jury trial in the Lorain County Court of Common Pleas as affirmed by the 9th District Court of Appeals.
There has been an appeal bond in place since trial issued by Zurich American Insurance Company securing the judgment plus future interest in the amount of $36 million, as a condition of a stay of judgment issued by the trial court.
In the Court of Appeals decision, the court noted on the very last page something that didn’t mean much to me at the time (emphasis added):
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
It does not appear that Oberlin College sought a stay of that mandate pending appeal to the Ohio Supreme Court. The Gibsons have just filed a Motion to Enter Judgment Against Surety Zurich American Insurance Company in the trial court arguing, in part:
Plaintiffs Gibson Bros., Inc. and Lorna J. Gibson, as the executor and representative of the Estate of David R. Gibson and the Estate of Allyn W. Gibson ( collectively "the Gibsons") respectfully request that this Honorable Court enter judgment against the surety Zurich American Insurance Company, Bond No. 9280167 in the amount of $36,127,181.25 plus $4,331.19 per diem from the date of filing. A chart calculating the judgment per diem is attached for the Court’s convenience as Exhibit 1. There is no valid stay of execution of judgment remaining, and the Gibsons are entitled to judgment in accordance with the mandate from the Ninth District Court of Appeals.
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