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In re Estate of Lanning3/13/2003
. 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 contempt of court and guilty beyond a reasonable doubt of criminal contempt of the court. The court ordered that Goldberg be sentenced to a term of imprisonment of 90 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 Lanning case was considered in the Mahoning County Probate Court on August 25, 1998, at which time a motion and order approving a partial settlement in a wrongful death action involving the estate of Richard C. Lanning, deceased, was approved by the court. The partial settlement was in the amount of $2.5 million. Subsequently, the probate court amended its original distribution order of August 25, 1998, ordering Goldberg to make distribution of the wrongful death and survival settlement proceedings as follows: (1) $400,000 to Donald Lanning; (2) $400,000 to Hannah Lanning; (3) $275,000 to each of the four surviving siblings; (4) $829,999.99 to himself for attorney fees; and (5) $100,000 to the estate of Richard C. Lanning under the survival claim. In compliance with the court's orders, Goldberg made distribution of the wrongful death and survivor settlement proceeds as ordered. Meanwhile, the Lanning litigation continued against the defendants with whom there was no settlement.
. On November 2, 1998, Goldberg filed a motion asking the court to release $10,311 in litigation expenses already incurred and $20,000 in litigation expenses expected to be incurred in the future as the litigation continued. These included fees and expenses for expert witnesses' depositions and similar litigation expenses. In Goldberg's motion, he accounted for the current outstanding expenses for which he sought reimbursement. As to expected expenses within the immediate future of $20,000, he stated that this amount "will be accounted for by Richard D. Goldberg to this court upon payment." On the same day, the probate court granted the motion and authorized the withdrawal of such money from the estate account subject to the stipulation that Goldberg would, as he represented, "immediately and fully account for the expenditure of the $20,000."
. On July 29, 1999, the probate court removed Donald Lanning, Sr., and Hannah Lanning as co-administrators and appointed attorney Gary Zamora as succe
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