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In re Estate of Williams3/13/2003
. This appeal is from an order entered by the Mahoning County Court of Common Pleas, Probate Division, on May 3, 2000, which resulted in a finding of contempt of court by Richard D. Goldberg from failing to comply with previous orders of the court. In that finding, Goldberg was found guilty of direct contempts of court and guilty beyond a reasonable doubt of criminal contempts of the court. The court ordered that Goldberg be sentenced to a term of imprisonment of 180 consecutive days to be served consecutively with any other order of either the court below or any other federal or state court, which has imposed a sentence upon him or may subsequently impose a sentence. The sentence was ordered to commence after completion of all other periods of actual physical incarceration. Goldberg is currently incarcerated in the Federal Correctional Institute at Morgantown, West Virginia,
. This case was consolidated for hearing before this court with three other cases involving similar issues of contempt. Since the facts in each case are somewhat different, the cases are considered separately in our opinions. However, the essential facts in this case are virtually the same as in the case of Ellen Rose Mercurio, case No. 00 CA 108. The only relevant difference between the Williams case and the Mercurio case are the names of the parties and the orders of distribution. In each case, the court had approved a settlement and ordered distribution to be accounted for by Goldberg. In both the Mercurio and Williams case, Goldberg failed to make an accounting at the time that he was ordered to do so and, in each of these cases, he also failed to make distributions as ordered by the court. The principles of law enunciated in the Mercurio case apply to this case. The same assignments of error are raised and the same rationale applies to each. We have attached a copy of Mercurio opinion to our decision herein, which opinion, as to the overruling of the assignments of error and the reasons therefore are adopted fully herein.
. In this case, on March 12, 1999, an amended application to approve settlement and distribution was filed by Attorney Richard Goldberg ("Goldberg") to approve a settlement in the wrongful death action of the estate of Towanna Williams. On the same day, the court approved the settlement and distribution of wrongful death proceeds as requested by Goldberg. On April 12, 1999, the report of distribution was due pursuant to the terms of that entry. On May 13, 1999, the court issued a notice of delinquent account to Goldberg and the parties. The notice provided for a hearing on June 8, 1999.
. On June 8, 1999, a hearing was conducted on the notice of delinquent account. On June 17, 1999, the probate court issued its consolidated judgment entry and orders to appear and show cause. In the hearing, the probate court documented the assurances and admissions of Goldberg and his counsel that the amounts would be paid immediately. The court renewed its orders to pay immediately.
. At the March 12, 1999 distribution order, the court approved a settlement of $1.65 million. The settlement proceeds were to be distributed as follows: attorney fees to Goldberg, $660,000; reimbursement to Goldberg for litigation expenses, $15,145.83; Joshua Williams wrongful death trust, $150,000; New York Life Insurance Company for the purchase of a guaranteed annuity contract for the sole benefit of Joshua Williams, a minor, $500,000; Willis Williams, $274,854.20. As previously noted, these amounts were to be distributed to those persons and accounted to before the probate court on April 12, 1999.
. At the June 8 hearing, the court found that Willis Williams had not yet received
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