[Cite as Abdulhakov v. Panzeca, 2026-Ohio-397.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
BAHODIR ABDULHAKOV, : CASE NO. CA2025-07-050 Appellant, : OPINION AND vs. : JUDGMENT ENTRY 2/9/2026 CHELSEA PANZECA, :
Appellee. :
:
CIVIL APPEAL FROM MASON MUNICIPAL COURT Case No. CVI2500347
Bahodir Abdulhakov, pro se.
Chelsea J. Panzeca, pro se.
____________ OPINION
HENDRICKSON, J.
{¶ 1} Appellant, Bahodir Abdulhakov, appeals from a decision of the Mason
Municipal Court dismissing his claim against appellee, Chelsea Panzeca, for want of
prosecution. For the reasons discussed below, we reverse the municipal court's decision Warren CA2025-07-050
and remand the matter for further proceedings.1
{¶ 2} This case arises out of a fee dispute. Abdulhakov was facing misdemeanor
criminal trespassing charges in Mason Municipal Court and sought to retain an attorney
to represent him. Abdulhakov retained the law firm Bleile & Dawson. On February 23,
2024, he signed a "Fee Agreement" with the law firm, and he paid the firm a $1,500
retainer. Panzeca, an associate at Bleile & Dawson, is the attorney Abdulhakov spoke
with about representation. Panzeca entered a Notice of Appearance in Abdulhakov's
criminal case on February 26, 2024. On March 21, 2024, Panzeca filed a motion to
continue a pretrial hearing in the misdemeanor case as well as a request that the matter
be set for a bench trial. On April 2, 2024, Panzeca moved to withdraw as Abdulhakov's
counsel, noting that Abdulhakov had retained a different attorney to represent him on the
misdemeanor charge. Panzeca's motion was granted the next day. Ultimately, the criminal
case against Abdulhakov was dismissed on October 22, 2024.
{¶ 3} On March 26, 2025, Abdulhakov filed a complaint in the municipal court's
small claims division against Panzeca, seeking $1,500 in damages plus interest and
costs. Abdulhakov's complaint alleged
[m]isappropriation/conversion of the client's funds; failure to return unearned client fees; dishonest conduct via continuing representation of the client after being dismissed, by means of submission of unauthorized documents, to justify conversion of unearned fees.
{¶ 4} The matter was scheduled for trial on May 23, 2025. On May 14, 2025,
attorney Adam Boyd Bleile of Bleile & Dawson filed an appearance as the attorney of
record for Panzeca, and he moved for a continuance of the trial due to a scheduling
1. We note that Panzeca did not file an appellate brief for our consideration in this matter. Pursuant to App.R. 18(C), when an appellee fails to file a brief, "in determining the appeal, the court may accept the appellant's statement of the facts and issues as correct and reverse the judgment if appellant's brief reasonably appears to sustain such action." -2- Warren CA2025-07-050
conflict. The municipal court granted a continuance and rescheduled the matter for June
6, 2025.
{¶ 5} On June 6, 2025, the matter came before a magistrate. Abdulhakov testified
on his own behalf and introduced various exhibits into evidence which he asserted proved
that Panzeca committed conversion and unjustly enriched herself by failing to return
unearned legal fees. The exhibits included the Fee Agreement he signed to retain Bleile
& Dawson, a receipt showing payment of the $1,500 retainer to Bleile & Dawson, an email
exchange between himself and the office manager at Bleile & Dawson, filings Panzeca
made in his criminal case (her notice of appearance, motion for a continuance and request
for a bench trial, and her motion to withdraw as counsel), and a letter from Bleile &
Dawson's office manager advising that Abdulhakov's criminal case had been set for a
bench trial. Abdulhakov was cross-examined by Panzeca's attorney, whose questions
focused on the fact that the fee agreement Abdulhakov entered into was with Bleile &
Dawson, not Panzeca, and that the retainer had been paid to Bleile & Dawson, not
Panzeca.
{¶ 6} After listening to cross-examination, the magistrate stated that "an
interesting question [has] arose as to whether we've got the right defendant." The
magistrate initially indicated it was inclined to grant Abdulhakov 14 days to amend his
complaint to name Bleile & Dawson as a defendant. However, after Panzeca's attorney
made an oral motion to dismiss the case, the magistrate indicated it was going to dismiss
the case against Panzeca but permit appellant to file a new complaint against Bleile &
Dawson.
{¶ 7} Notably, no written decision by the magistrate was ever filed or docketed in
the case. Instead, on June 10, 2025, the municipal court judge filed an Entry of Dismissal
with Prejudice, stating in the body of the entry that "[p]ursuant to Mason Municipal Court
-3- Warren CA2025-07-050
Local Rules, Article IX, Section 8.14, this case is hereby dismissed with prejudice for want
of prosecution." Article IX of the Mason Municipal Court Local Rules does not contain a
Section 8.14. Rather, Section 8.14 is found under Article VIII. This Rule provides as
follows:
Section 8.14. INACTIVE CASES. In cases involving failure of service or evidence of default, when no action has been taken by the appearing party for a three (3) month period, and if the case is not set for trial, then the clerk shall notify the party that the case will be dismissed within twenty-one (21) days unless good cause for further delay is shown.
{¶ 8} Three days later, Abdulhakov filed a "Combined Objection & Motion to
Vacate Dismissal and Leave to File Amended Complaint." The municipal court issued an
Entry on June 25, 2025, stating the court "construes Plaintiff's filing as an Objection to the
Magistrate's Decision entered on June 10, 2025." (Emphasis in original.) The court
indicated that Abdulhakov's objection was not in compliance with Civ.R. 53(D)(3)(b)(iii) as
he had failed to file a transcript of the proceedings before the magistrate. The court
indicated Abdulhakov had 30 days to file the transcript or his objections would be
overruled.2 The municipal court then scheduled a motion hearing for August 8, 2025.
{¶ 9} However, prior to that motion hearing, on July 1, 2026, Abdulhakov
appealed the municipal court's June 10, 2025 Entry of Dismissal with Prejudice. He raised
four assignments of error for review. As the resolution of Abdulhakov's third assignment
of error is dispositive of the appeal, we begin our analysis there.
{¶ 10} Assignment of Error No. 3:
2. It is unclear why the municipal court indicated it was treating Abdulhakov's "Combined Objection & Motion to Vacate Dismissal and Leave to File Amended Complaint" as an objection to a magistrate's decision when no magistrate's decision was ever issued or docketed. "It is well settled that 'a court speaks only through its journal entries.'" Duff v. Centrome, Inc., 2023-Ohio-1321, ¶ 35, quoting Infinite Sec. Solutions, L.L.C. v. Karam Properties II, Ltd., 2015-Ohio-1101, ¶ 29. The statements of the magistrate at the June 6, 2025 hearing do not constitute a magistrate's decision. Additionally, the June 10, 2025 entry of dismissal was a final appealable order. -4- Warren CA2025-07-050
{¶ 11} THE TRIAL COURT'S DISMISSAL WITH PREJUDICE CONSTITUTED AN
EXTREME AND IMPROPER SANCTION.
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[Cite as Abdulhakov v. Panzeca, 2026-Ohio-397.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
BAHODIR ABDULHAKOV, : CASE NO. CA2025-07-050 Appellant, : OPINION AND vs. : JUDGMENT ENTRY 2/9/2026 CHELSEA PANZECA, :
Appellee. :
:
CIVIL APPEAL FROM MASON MUNICIPAL COURT Case No. CVI2500347
Bahodir Abdulhakov, pro se.
Chelsea J. Panzeca, pro se.
____________ OPINION
HENDRICKSON, J.
{¶ 1} Appellant, Bahodir Abdulhakov, appeals from a decision of the Mason
Municipal Court dismissing his claim against appellee, Chelsea Panzeca, for want of
prosecution. For the reasons discussed below, we reverse the municipal court's decision Warren CA2025-07-050
and remand the matter for further proceedings.1
{¶ 2} This case arises out of a fee dispute. Abdulhakov was facing misdemeanor
criminal trespassing charges in Mason Municipal Court and sought to retain an attorney
to represent him. Abdulhakov retained the law firm Bleile & Dawson. On February 23,
2024, he signed a "Fee Agreement" with the law firm, and he paid the firm a $1,500
retainer. Panzeca, an associate at Bleile & Dawson, is the attorney Abdulhakov spoke
with about representation. Panzeca entered a Notice of Appearance in Abdulhakov's
criminal case on February 26, 2024. On March 21, 2024, Panzeca filed a motion to
continue a pretrial hearing in the misdemeanor case as well as a request that the matter
be set for a bench trial. On April 2, 2024, Panzeca moved to withdraw as Abdulhakov's
counsel, noting that Abdulhakov had retained a different attorney to represent him on the
misdemeanor charge. Panzeca's motion was granted the next day. Ultimately, the criminal
case against Abdulhakov was dismissed on October 22, 2024.
{¶ 3} On March 26, 2025, Abdulhakov filed a complaint in the municipal court's
small claims division against Panzeca, seeking $1,500 in damages plus interest and
costs. Abdulhakov's complaint alleged
[m]isappropriation/conversion of the client's funds; failure to return unearned client fees; dishonest conduct via continuing representation of the client after being dismissed, by means of submission of unauthorized documents, to justify conversion of unearned fees.
{¶ 4} The matter was scheduled for trial on May 23, 2025. On May 14, 2025,
attorney Adam Boyd Bleile of Bleile & Dawson filed an appearance as the attorney of
record for Panzeca, and he moved for a continuance of the trial due to a scheduling
1. We note that Panzeca did not file an appellate brief for our consideration in this matter. Pursuant to App.R. 18(C), when an appellee fails to file a brief, "in determining the appeal, the court may accept the appellant's statement of the facts and issues as correct and reverse the judgment if appellant's brief reasonably appears to sustain such action." -2- Warren CA2025-07-050
conflict. The municipal court granted a continuance and rescheduled the matter for June
6, 2025.
{¶ 5} On June 6, 2025, the matter came before a magistrate. Abdulhakov testified
on his own behalf and introduced various exhibits into evidence which he asserted proved
that Panzeca committed conversion and unjustly enriched herself by failing to return
unearned legal fees. The exhibits included the Fee Agreement he signed to retain Bleile
& Dawson, a receipt showing payment of the $1,500 retainer to Bleile & Dawson, an email
exchange between himself and the office manager at Bleile & Dawson, filings Panzeca
made in his criminal case (her notice of appearance, motion for a continuance and request
for a bench trial, and her motion to withdraw as counsel), and a letter from Bleile &
Dawson's office manager advising that Abdulhakov's criminal case had been set for a
bench trial. Abdulhakov was cross-examined by Panzeca's attorney, whose questions
focused on the fact that the fee agreement Abdulhakov entered into was with Bleile &
Dawson, not Panzeca, and that the retainer had been paid to Bleile & Dawson, not
Panzeca.
{¶ 6} After listening to cross-examination, the magistrate stated that "an
interesting question [has] arose as to whether we've got the right defendant." The
magistrate initially indicated it was inclined to grant Abdulhakov 14 days to amend his
complaint to name Bleile & Dawson as a defendant. However, after Panzeca's attorney
made an oral motion to dismiss the case, the magistrate indicated it was going to dismiss
the case against Panzeca but permit appellant to file a new complaint against Bleile &
Dawson.
{¶ 7} Notably, no written decision by the magistrate was ever filed or docketed in
the case. Instead, on June 10, 2025, the municipal court judge filed an Entry of Dismissal
with Prejudice, stating in the body of the entry that "[p]ursuant to Mason Municipal Court
-3- Warren CA2025-07-050
Local Rules, Article IX, Section 8.14, this case is hereby dismissed with prejudice for want
of prosecution." Article IX of the Mason Municipal Court Local Rules does not contain a
Section 8.14. Rather, Section 8.14 is found under Article VIII. This Rule provides as
follows:
Section 8.14. INACTIVE CASES. In cases involving failure of service or evidence of default, when no action has been taken by the appearing party for a three (3) month period, and if the case is not set for trial, then the clerk shall notify the party that the case will be dismissed within twenty-one (21) days unless good cause for further delay is shown.
{¶ 8} Three days later, Abdulhakov filed a "Combined Objection & Motion to
Vacate Dismissal and Leave to File Amended Complaint." The municipal court issued an
Entry on June 25, 2025, stating the court "construes Plaintiff's filing as an Objection to the
Magistrate's Decision entered on June 10, 2025." (Emphasis in original.) The court
indicated that Abdulhakov's objection was not in compliance with Civ.R. 53(D)(3)(b)(iii) as
he had failed to file a transcript of the proceedings before the magistrate. The court
indicated Abdulhakov had 30 days to file the transcript or his objections would be
overruled.2 The municipal court then scheduled a motion hearing for August 8, 2025.
{¶ 9} However, prior to that motion hearing, on July 1, 2026, Abdulhakov
appealed the municipal court's June 10, 2025 Entry of Dismissal with Prejudice. He raised
four assignments of error for review. As the resolution of Abdulhakov's third assignment
of error is dispositive of the appeal, we begin our analysis there.
{¶ 10} Assignment of Error No. 3:
2. It is unclear why the municipal court indicated it was treating Abdulhakov's "Combined Objection & Motion to Vacate Dismissal and Leave to File Amended Complaint" as an objection to a magistrate's decision when no magistrate's decision was ever issued or docketed. "It is well settled that 'a court speaks only through its journal entries.'" Duff v. Centrome, Inc., 2023-Ohio-1321, ¶ 35, quoting Infinite Sec. Solutions, L.L.C. v. Karam Properties II, Ltd., 2015-Ohio-1101, ¶ 29. The statements of the magistrate at the June 6, 2025 hearing do not constitute a magistrate's decision. Additionally, the June 10, 2025 entry of dismissal was a final appealable order. -4- Warren CA2025-07-050
{¶ 11} THE TRIAL COURT'S DISMISSAL WITH PREJUDICE CONSTITUTED AN
EXTREME AND IMPROPER SANCTION.
{¶ 12} In his third assignment of error, Abdulhakov argues that the municipal court
erred by dismissing his case with prejudice as he was "diligently pursuing his claim, had
appeared for the hearing prepared to argue the merits, and the alleged defect [of not
including Bleile & Dawson as a defendant] was, at worst, a curable pleading issue[.]"
{¶ 13} "The power to dismiss for lack of prosecution is within the sound discretion
of the trial court, and appellate review is confined solely to whether the trial court abused
that discretion." Pembaur v. Leis, 1 Ohio St.3d 89, 91 (1982). See also Mid-Ohio Liquid
Fertilizers, Inc. v. Lowe, 14 Ohio App. 36, 38 (12th Dist. 1984). An abuse of discretion
"implies that the court's attitude is unreasonable, arbitrary, or unconscionable." Maloney
v. Maloney, 2016-Ohio-7837, ¶ 14 (12th Dist.). "A decision is 'unreasonable' when there
is no sound reasoning process to support it." Vaughn v. Vaughn, 2007-Ohio-6569, ¶ 12
(12th Dist.). "'An arbitrary decision is one that lacks adequate determining principle and
is not governed by any fixed rules or standard.'" Dickenson v. Jackson, 2024-Ohio-1236,
¶ 19 (12th Dist.), quoting Crawford v. Fisher, 2015-Ohio-114, ¶ 5 (10th Dist.). "An
unconscionable decision may be defined as one that affronts the sense of justice,
decency, or reasonableness." Schaible v. Schaible, 2025-Ohio-1404, ¶ 9 (12th Dist.).
{¶ 14} We find that the municipal court's dismissal of Abdulhakov's case for want
of prosecution was both arbitrary and unreasonable. As Abdulhakov appeared before a
magistrate and presented evidence on behalf of his complaint against Panzeca, it cannot
be said that he "failed to prosecute" said claim. Additionally, the authority cited by the
municipal court in support of dismissal—Section 8.14 of the Mason Municipal Court Local
Rules—is inapplicable. The local rule applies in cases of failure of service, evidence of
default or when no action has been taken by the filing party for three months. None of
-5- Warren CA2025-07-050
those circumstances apply in the present case. It was therefore arbitrary and
unreasonable for the municipal court to dismiss Abdulhakov's case for want of
prosecution under Section 8.14 of its Local Rules. Abdulhakov's third assignment of error
is sustained. The municipal court's June 10, 2025 Entry of Dismissal with Prejudice is
reversed and the matter remanded for further proceedings.
{¶ 15} In remanding the matter, we make no findings as to the merits of
Abdulhakov's complaint or his request for leave to file an amended complaint to add the
law firm Bleile & Dawson as a defendant to the action. Such issues remain pending before
the municipal court and shall be decided on remand.
{¶ 16} Given our resolution of Abdulhakov's third assignment of error, we find his
remaining three assignments of error, which seek to challenge various oral statements
made by the magistrate at the June 6, 2025 hearing, rendered moot. See App.R.
12(A)(1)(c).
{¶ 17} Judgment reversed and remanded.
BYRNE, P.J. and M. POWELL, J., concur.
-6- Warren CA2025-07-050
JUDGMENT ENTRY
The assignments of error properly before this court having been ruled upon, it is the order of this court that the judgment or final order appealed from be, and the same hereby is, reversed and the matter remanded.
It is further ordered that a mandate be sent to the Mason Municipal Court for execution upon this judgment and that a certified copy of this Opinion and Judgment Entry shall constitute the mandate pursuant to App.R. 27.
Costs to be taxed in compliance with App.R. 24.
/s/ Matthew R. Byrne, Presiding Judge
Robert A. Hendrickson, Judge
Mike Powell, Judge
-7-