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Sovak v. Spivey12/9/2003
JUDGMENT: Dismissed.
. In this appeal, the guardian of appellant James E. Goins Jr. challenges whether the Mahoning County Court of Common Pleas had the authority to approve an agreed judgment entry that granted an award of $1,000,000 to appellee, William Sovak, in a personal injury case. Appellant Butler Wick Trust Company ("Butler Wick"), as guardian of Goins's estate, did not sign or ratify the agreed judgment entry. A guardian, in this context, must ratify any contractual agreements that the ward attempts to enter into. Butler Wick did not ratify the agreed judgment entry, and therefore, the judgment entry has no effect, does not affect any substantial rights, and is not a final appealable order. For these reasons, we must dismiss this appeal for failure to present a final appealable order.
. This appeal touches upon events and issues discussed in this court's recent opinion of In re Guardianship of Goins, 7th Dist. No. 02 CA 163, 2003-Ohio-931. In Goins, this court was called upon to determine whether a proper guardianship of the estate of James E. Goins Jr. had been established by the Mahoning County Court of Common Pleas, Probate Division. In March 2002, appellant Goins was sentenced to more than 85 years in prison based on convictions for attempted aggravated murder, aggravated robbery, kidnapping, and other crimes. Goins at 3. Prior to that date, the probate court had appointed Butler Wick as appellant's guardian to oversee funds he had received from a structured settlement. The guardianship terminated automatically on August 12, 2002, after appellant reached the age of 18.
. On August 14, 2002, the probate court appointed Butler Wick as the emergency guardian over appellant's estate. A hearing was held on August 23, 2002, to determine if the guardianship over appellant's estate should become permanent. The probate court held that a guardianship was proper because appellant was incompetent as defined by the guardianship statutes. Specifically, the probate court held that R.C. 2111.01(D) defined "incompetent" to include, inter alia, any person confined to a correctional institution in Ohio. Therefore, on August 23, 2002, the temporary guardianship became permanent. The probate court's decision to establish a guardianship, based on Goins's incarceration, was affirmed by this court. Id. at 50.
. Turning now to the circumstances of the case at bar, on March 30, 2001, appellee, Sovak, filed a personal injury complaint in the Mahoning County Court of Common Pleas against appellant Goins, alleging the he had been attacked by Goins on January 29, 2001. Butler Wick was named as a defendant in the case in its capacity as guardian of appellant's estate. Sheila Spivey was named as a defendant as the parent and natural guardian of Goins. Appellee also named Chad Barnette ("Barnette") and his mother as defendants. Barnette allegedly took part in the attack on Sovak.
. On May 25, 2001, Butler Wick filed an answer to the complaint on behalf of appellant's estate. The answer was filed by Alfred J. Fleming. On June 19, 2001, Sheila Spivey also filed an answer as appellant's guardian, prepared by Damian Billak. Fleming withdrew as counsel for appellant's estate on June 28, 2001, and was replaced by William Scott Fowler.
. On June 24, 2002, Sheila Spivey retained Sarah Thomas Kovoor as counsel.
. On August 8, 2002, appellee filed a first amended complaint. The complaint continued to name Sheila Spivey and Butler Wick as defendants in their representative capacities. Appellee added the Travelers Insurance Companies ("Travelers Ins.") as a defendant. On August 8, 2002, appellee filed a motion for prejudgment attachmen
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