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Hadassah v. Schwartz

Ohio Court of Appeals

966 N.E.2d 298 (2011)

Facts

Hadassah, the Women’s Zionist Organization of America, Inc. (Hadassah) (plaintiff) sued Robert Schwartz (defendant). During the litigation, Schwartz tendered $150,000 to the law firm Bieser, Greer & Landis, LLP (BG&L). BG&L deposited the money into its Interest on Lawyer Trust Account (IOLTA). Hadassah won a judgment of $2.2 million and petitioned the court for a garnishment order on the deposit. BG&L and Schwartz claimed that the money was for a retainer but offered no evidence of a retainer agreement. The trial court granted the garnishment order. On appeal, Schwartz argued that parties must be able to prepare for litigation by paying for representation in advance and that the garnishment improperly prevented him from defending himself.

Rule of Law

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Issue

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Holding and Reasoning (Fischer, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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