Huber Heights Veterans Club, Inc. v. Grande Voiture D'ohio La Societe Des 40 Hommes Et 8 Chevaux

2021-Ohio-2695

HUBER HEIGHTS VETERANS CLUB, INC. Plaintiff-Appellant v. GRANDE VOITURE D'OHIO LA SOCIETE DES 40 HOMMES ET 8 CHEVAUX, et al. Defendants-Appellees

No. 29078

Court of Appeals of Ohio, Second District, Montgomery

August 6, 2021

(Civil Appeal from Common Pleas Court) Trial Court Case No 2020-CV-2183

CHARLES J. SIMPSON, ATTY. REG. NO. 0007339, 157 ATTORNEY FOR PLAINTIFF-APPELLANT

KEVIN A. BOWMAN, ATTY. REG. NO. 0068223, 130 WEST SECOND STREET SUITE 900, DAYTON, OHIO 45402

ATTORNEY FOR DEFENDANT-APPELLEE, GRANDE VOITURE D'OHIO LA SOCIETE DES 40 HOMMES ET 8 CHEVAUX

EDWARD J. DOWD, ATTY. REG. NO. 0018681 & CHRISTOPHER T. HERMAN, ATTY. REG. NO. 0076894, 8163 ATTORNEYS FOR DEFENDANT-APPELLEE, VOITURE NATIONALE LA SOCIETE DES 40 HOMMES ET 8 CHEVAUX

OPINION

EPLEY, J.

{¶ 1} Huber Heights Veterans Club, Inc. ("HHVC") appeals from judgments of the Montgomery County Court of Common Pleas, which dismissed HHVC's claim for restitution of real property and granted summary judgment to Grande Voiture d'Ohio La Societe des 40 Hommes et 8 Chevaux ("Grande Voiture") and Voiture Nationale la Societe des 40 Hommes et 8 Chevaux ("Voiture Nationale") on HHVC's claims. The trial court concluded that HHVC's claims were barred by res judicata and that HHVC's attorney lacked authority to bring the action. For the following reasons, the trial court's judgments will be affirmed.

I. Facts and Procedural History

{¶ 2} The record, including judgment entries from related cases that were submitted with Grande Voiture's supplemental motion for summary judgment, establish the following facts.

{¶ 3} La Societe des 40 Hommes et 8 Chevaux is an organization that was formed by former officers and members of the American Legion in 1920. Originally intended as an elite membership group for Legion leaders, the organization derives its name from French railway boxcars that transported American soldiers to the front lines in World War I. The boxcars ("voitures") bore a cargo-capacity sign: "40 Hommes/8 Chevaux" (40 men/8 horses). The organization is thus known as "The Forty and Eight." Grande Voiture d'Ohio La Societe des 40 Hommes et 8 Chevaux v. Montgomery Voiture Locale No. 34 La Societe des 40 Hommes et 8 Chevaux, Montgomery C.P. No. 2018-CV-1457 (Decision & Entry, Apr. 28, 2019). The Forty and Eight disassociated itself from the American Legion in 1960 and discontinued the prerequisite of Legion membership in 2008.

{¶ 4} The Forty and Eight has a hierarchical structure consisting of a national organization and associated state and local organizations. Voiture Nationale is the national organization, and Grande Voiture is the Ohio state-level organization. Montgomery Voiture Locale No. 34 La Societe des 40 Hommes et 8 Chevaux ("Voiture Locale") is the county-level organization in Montgomery County. HHVC purports to be a successor organization to Voiture Locale that is no longer associated with The Forty and Eight.

{¶ 5} In 2017, Grande Voiture initiated internal disciplinary proceedings against Charles Simpson, a member of the local organization, and permanently expelled him from membership for life. Following that determination, Voiture Locale resolved to prohibit Grande Voiture officials from entering the Voiture Locale's premises, located at 4214 Powell Road in Huber Heights. Another member of Voiture Locale, however, filed a criminal trespass complaint against Simpson with the Huber Heights police.

{¶ 6} In 2018, Grande Voiture brought an action against Voiture Locale seeking declaratory and injunctive relief, and an accounting. Montgomery C.P. No. 2018-CV-1457. Voiture Locale filed a counterclaim against Grande Voiture and a third-party complaint against Voiture Nationale, alleging that Grande Voiture and Voiture Nationale engaged in actions to wrongfully take possession and control of its property, as well as extortion, coercion, libel, slander and defamation.

{¶ 7} On April 28, 2019, in Case No. 2018-CV-1457, the trial court granted summary judgment to Grande Voiture and Voiture Nationale. The court noted: "The evidence in the record is undisputed that Montgomery Voiture Locale No. 34 has violated numerous provisions of the state and national constitutions and is now being run by nonmembers of the 40 and 8, such as Defendant Simpson, who was expelled permanently from membership." The trial court held that Voiture Locale was bound by the constitutions of the organization at the national, state, and local levels, as well as the other rules promulgated by the national and state-level organizations. The court granted an injunction, which, among other things, barred Simpson from participating in or interfering with the affairs of Voiture Locale. (See Grande Voiture Suppl. Motion for Summary Judgment, Ex. A.) We affirmed the trial court's judgment. Grande Voiture D'Ohio La Societe Des 40 Hommes et 8 Chevaux v. Montgomery Cty. Voiture No. 34 La Societe Des 40 Hommes et 8 Chevaux, 2d Dist. Montgomery No. 28388, 2020-Ohio-3821.

{¶ 8} Shortly after the trial court rendered summary judgment in Case No. 2018-CV-1457, Simpson (an attorney) filed a bankruptcy action on behalf of Voiture Locale while purporting to act as an officer of the organization. At a hearing on June 13, 2019, the bankruptcy court dismissed the bankruptcy action, reasoning that an Ohio court had already determined that Simpson lacked authority to act for Voiture Locale, that the Ohio court's findings were entitled to preclusive effect, and that, consequently, the bankruptcy petition was filed without authority under Ohio law. The bankruptcy judge noted at the hearing that other properly-retained counsel for Voiture Locale had joined in the United States Trustee's request for dismissal, stating that Simpson had no legal authority to act as counsel for Voiture Locale and that Voiture Locale did not wish to be in bankruptcy. (Grande Voiture Suppl. Motion for Summary Judgment, Ex. B.)

{¶ 9} Also in 2019, Voiture Locale, again purportedly represented by Charles Simpson, filed a forcible entry and detainer action against Grande Voiture in the Montgomery County Municipal Court. Montgomery M.C. No. 2019-CVG-882E. The municipal court dismissed the action based on the prior rulings of the common pleas and bankruptcy courts.

{¶ 10} On May 29, 2020, HHVC filed the instant "complaint for forcible entry and detainer and for damages." In its complaint, HHVC alleged that it was a non-profit corporation, formerly known as Voiture Locale. HHVC stated that it previously had been associated with The Forty and Eight organization, but that affiliation was terminated on June 1, 2015. The organization changed its name to HHVC on June 18, 2019. (The trial court in Case No. 2018-CV-1457 has since found that Simpson violated the injunction by changing the name and has ordered that the prior name be restored. For purposes of this appeal, we will refer to the local organization as HHVC.)

{¶ 11} HHVC alleges that it is the owner of the real property located at 4214 Powell Road in Huber Heights. It states that, on April 30, 2019 (two days after the judgment in Case No. 2018-CV-1457), Grande Voiture and Voiture Nationale unlawfully took possession and control of the property and have refused to return possession and control to HHVC. On April 23, 2020, HHVC served a notice of eviction, but Grand Voiture and Voiture Nationale allegedly have refused to leave the premises.

{¶ 12} In its first count, HHVC requested restitution of the property, pursuant to R.C. 5303.03 (ejectment). The allegations in Count One also included a cause of action under R.C. 5303.01 (quiet title). HHVC's second count sought monetary compensation for the rental value of the property, the organization's parade vehicle, identify theft, loss of revenue (canteen operation and other fundraising), civil rights violations and criminal acts, and other alleged wrongful conduct. HHVC further sought the return of personal property and mail. HHVC also requested attorney fees and costs.

{¶ 13} On June 4, 2020, Grande Voiture moved to dismiss the complaint pursuant to Civ.R. 12(B)(6) on the ground that the action was barred by res judicata. It asserted that this action "is essentially identical" to a prior municipal court action, Montgomery M.C. No. 2019-CVG-882E, and was a "collateral attack" on the judgment in Case No. 2018-CV-1457. Grande Voiture further contended that HHVC's attorney, Simpson, lacked authority to represent Voiture Locale and that his filing of the lawsuit violated the injunction in Case No. 2018-CV-1457. Grande Voiture attached copies of judgment entries from the prior municipal court and common pleas actions, as well as the bankruptcy case involving Voiture Locale. In addition, Grande Voiture filed a notice of related cases, informing the trial court that the case "involves the same parties and issues as pending case 2018CV01457 before Judge Parker."

{¶ 14} On June 5, 2020, HHVC filed a motion for judgment on the pleadings, pursuant to Civ.R. 12(C), and for summary judgment on Count One (restitution of the premises). The local organization also filed a response to the notice of related cases, disputing that the prior proceedings were "related cases" and had any binding effect on this litigation.

{¶ 15} Voiture Nationale subsequently filed its own Civ.R. 12(B)(6) motion, adopting the reasoning of Grande Voiture's motion. In response, HHVC filed a renewed motion for judgment on the pleadings and for summary judgment as to Count One.

{¶ 16} A hearing regarding restitution of the property was held before a magistrate on June 23, 2020, during which counsel for HHVC and Grande Voiture appeared. The record does not contain a transcript of that hearing. On August 31, 2020 the magistrate filed a decision...