 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Estate of Hunter3/24/2003
. 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. However, since the facts in each case are somewhat different, although the law is generally the same in each instance, the cases will be considered separately in our opinions.
. Appellant, Goldberg, asserts the following assignments of error:
. "[1.] The Probate Court erred in finding Goldberg to be in contempt of court.
. "[2.] The Probate Court erred in ordering Goldberg to be imprisoned for failure to pay a debt.
. "[3.] The Probate Court erred by taking judicial notice of statements made in other cases.
. "[4.] The Probate Court erred by failing to allow Goldberg basic procedural due process during the contempt hearing."
. The Hunter case was considered in the Mahoning County Probate Court on December 14, 1998, where a motion and order approving the proposed settlement in a wrongful death action involving the estate of William R. Hunter, the deceased, was approved by the court. Attorney Goldberg was ordered to provide a report of the distribution of the settlement proceeds by December 24, 1998.
. On June 17, 1999, the probate court vacated its order approving the wrongful death settlement finding that Goldberg failed to report and make the distributions ordered pursuant to the December 14, 1998 distribution order. In the vacated settlement order, the court ordered Goldberg to disgorge himself of the attorney fees and to pay amounts owed to the guardianship of two minors. Goldberg was to immediately deposit the total sum of $626,375.01 to the attorney for the Hunter estate who, in turn, was ordered to deposit the monies in a restricted bank account in the estate's name. Although a notice of appeal was filed from the June 17, 1999 judgment entry, the appeal was later voluntarily dismissed.
. On October 19, 1999, the probate court amended its July 17, 1999 order regarding Goldberg's disgorging of attorney fees, finding that the correct amount to be disgorged by Goldberg was $473,033.33, not $349,250.
. On January 3, 2000, the probate court ordered Goldberg to appear and show cause for why he should not be held in contempt. After a delay necessary to obtain Goldberg's presence, since he was incarcerated in Federal prison in West Virginia, on February 2, 2000, the probate court conducted a hearing on the contempt charges with Goldberg present and represented by counsel.
. This case arose from a medical malpractice case, resulting in a wrongful death claim brought on behalf of the decedent William R. Hunter, who was survived by four adult children, Tammy L. Hunter, Laura J. Varga, Richard W. Hunter and Scott R. Hunter, as well as two minor children, Jason A.
Page 1 2 3 4 5 6 7 8 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|