Slodov v. Eagle Ridge Subdivision Property Owner's Assn., Inc.

2025 Ohio 5282
Ohio Court of Appeals·Decided November 24, 2025·No. 2025-G-0015·Published

Opinion

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY

LEONARD H. SLODOV, CASE NO. 2025-G-0015

Plaintiff-Appellant,

Civil Appeal from the

- vs - Court of Common Pleas

EAGLE RIDGE SUBDIVISION PROPERTY OWNER'S Trial Court No. 2022 P 000052 ASSOCIATION, INCORPORATED, et al.,

Defendants-Appellees.

OPINION AND JUDGMENT ENTRY Decided: November 24, 2025 Judgment: Affirmed

Leonard H. Slodov, pro se, 13510 Braeburn Lane, Novelty, OH 44072 (Plaintiff- Appellant).

Steven M. Ott and Devonice K. Austin, Buckley King L.P.A., 600 Superior Avenue, Suite 1400, Cleveland, OH 44114 (For Defendants-Appellees).

JOHN J. EKLUND, J.

{¶1} Appellant, Leonard Slodov, appeals the judgment of the Geauga County Court of Common Pleas finding him in contempt of court for his failure to comply with the trial court’s order to produce records to Appellees, Eagle Ridge Subdivision Property Owners Association, Incorporated (Eagle Ridge) and Todd Bemak, Scott Martin, and Gavin Mitchell in their capacities as members of the Eagle Ridge Board of Trustees.

{¶2} Appellant has raised three assignments of error arguing: (1) that the trial court was without jurisdiction to enforce the June 17, 2024 Agreed Judgment Entry; (2)

that the trial court abused its discretion when imposing contempt sanctions on Appellant for non-compliance with the Agreed Judgment Entry; and (3) that Eagle Ridge Board Members violated their fiduciary duty to him and that as a result, he was unable to refute Appellees’ evidence at the March 19, 2025 show cause hearing.

{¶3} Having reviewed the record and the applicable caselaw, we find Appellant’s assignments of error to be without merit. First, the plain terms of the June 17, 2024 Agreed Judgment Entry provide that the trial court “shall retain jurisdiction over this matter until such time as payment is received by counsel for Eagle Ridge and a notice of compliance is filed with this Court.” (Emphasis added.) Appellees did not file a notice of compliance, and the trial court retained jurisdiction to enforce non-compliance. Second, even though the trial court ordered Appellant to provide access to the email account for a longer period than originally contemplated under the June 17, 2024 Agreed Judgment Entry, the trial court had the authority to do so as a remedial measure. Third, Appellant was fully aware of the nature of the show-cause proceedings against him. Despite presenting evidence in his defense, the trial court found the evidence unconvincing and that he had failed to provide “unfettered access” to the Eagle Ridge email account. Because of this, the trial court properly found Appellant in contempt of court.

{¶4} Therefore, we affirm the judgment of the Geauga County Court of Common Pleas.

Substantive and Procedural History

{¶5} Appellant served as a trustee of the Eagle Ridge Board of Trustees for approximately 11 years.

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{¶6} At a members’ meeting on November 11, 2021, Bemak, Martin, Mitchell, and Appellant were nominated to serve on the Board of Trustees. Bemak, Martin, and Mitchell were elected to serve on the Board, and Appellant was not reelected to serve.

{¶7} On January 25, 2022, Appellant filed a pro se lawsuit alleging the election was invalid and not conducted in accordance with the Eagle Ridge bylaws.

{¶8} Appellees filed an Answer and Counterclaim on March 25, 2022. Appellees’

counterclaim sought a declaration that Martin, Bemak, and Mitchell were the duly elected members of the Board.

{¶9} During discovery, Appellees filed a Motion to Compel Appellant to produce Eagle Ridge’s email login credential and password, association records, elections ballots, and any other original records.

{¶10} On November 28, 2022, the trial court granted Appellees’ Motion to Compel (“November 28 Order”).

{¶11} Appellees filed a Motion for Summary Judgment on December 9, 2022.

Appellees argued the case had become moot because the 2021-2022 Board terms had expired and a new election had been held. Appellant filed a Motion in Opposition to Summary Judgment.

{¶12} On December 20, 2022, Appellee filed a notice of Appellant’s failure to comply with the November 28 Order. The trial court set a motion hearing on December 23, 2022. However, the motion hearing was later continued sine die.

{¶13} The trial court granted summary judgment for Appellees on April 7, 2023.

{¶14} On April 21, 2023, Appellees moved to set a hearing to address Appellant’s failure to comply with the November 28 Order. Appellees sought to pursue sanctions for

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Appellant’s failure to comply with the November 28 Order, which deprived Appellees of records that Appellees needed and were entitled to, to wit: login credentials, passwords, and association records. On May 2, 2023, Appellant opposed the motion.

{¶15} On May 4, 2023, Appellant timely filed a pro se appeal of the trial court’s judgment granting summary judgment in Case No. 2023-G-0013.

{¶16} During the appeal, the trial court granted Appellees’ motion to set a hearing on two issues: (1) a previously filed Motion for Sanctions; and (2) the order to compel. Appellant filed a motion to stay in the trial court seeking a stay pending appeal, which the trial court denied.

{¶17} Appellant then sought a stay from this Court. On June 28, 2024, we granted Appellant’s request for a stay “in so far as the trial court shall refrain from proceeding in any matters that it is without authority to review or decide and that are consistent with this court’s jurisdiction.”

{¶18} Based on this order, the trial court requested additional briefing addressing whether it could proceed with a hearing on Appellant’s failure to comply with the trial court’s order to compel. Before receiving the briefs, the trial court determined that it could proceed on Appellees’ Motion for Sanctions and denied the motion.

{¶19} On July 20, 2023, the trial court issued a judgment entry deferring any hearing on the order to compel until after this Court’s decision on Appellant’s pending appeal.

{¶20} On October 10, 2023, we affirmed the trial court’s grant of summary judgment. Slodov v. Eagle Ridge Subdivision Property Owner’s Assn., Inc., 2023-Ohio- 3688 (11th Dist.), appeal not accepted, 2024-Ohio-335.

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{¶21} On February 6, 2024, Appellees filed a renewed motion to reschedule a hearing on Appellant’s failure to comply with the trial court’s order to compel. Appellant opposed this motion. The trial court set the matter for a contempt hearing on April 10, 2024.

{¶22} Appellant then filed an Affidavit of Disqualification against the trial judge. On March 27, 2024, the Supreme Court of Ohio denied Appellant’s Affidavit of Disqualification.

{¶23} On April 8, 2024, Appellant retained counsel and filed a Response Brief to Motion to Show Cause stating that all necessary records were in counsel’s possession and being provided to Appellees.

{¶24} On June 17, 2024, the parties entered into an Agreed Judgment Entry (“Agreed Entry”). Appellant acknowledged that he had failed to timely comply with the November 28, 2022 Order to produce Eagle Ridge records. Appellant agreed to pay $3,100.00 as a sanction for this failure and further agreed to cooperate with the Eagle Ridge Board in resetting the financial accounting passwords for Eagle Ridge. The parties agreed that Appellant “can deactivate the Eagle Ridge AOL email account 90 days from the date of this entry.” The Agreed Judgment Entry provided that the trial court “shall retain jurisdiction over this matter until such time as payment is received by counsel for Eagle Ridge and a notice of compliance is filed with this Court.” The trial court signed the Agreed Entry.

{¶25} On October 15, 2024, Appellees filed a Motion to Show Cause and Motion to Enforce the Agreed Entry. They asserted Appellant violated the Agreed Entry by prematurely deactivating the Eagle Ridge email account and failing to cooperate with the

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