[Cite as Diversified Internatl. Properties, Inc. v. Lukacs, 2008-Ohio-6443.]
COURT OF APPEALS
DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
DIVERSIFIED INTERNATIONAL :
PROPERTIES, INC.
:
:
Plaintiff-Appellee
:
:
-vs-
:
:
TRACY LUKACS, ET AL.
:
:
Defendants-Appellants
:
JUDGES:
Hon. William B. Hoffman, P.J.
Hon. Sheila G. Farmer, J.
Hon. Patricia A. Delaney, J.
Case No. 08CAE030010
O P I N I O N
CHARACTER OF PROCEEDING:
Appeal from the Court of Common Pleas,
Case No. 06CVH030241
JUDGMENT:
Judgment Entered
DATE OF JUDGMENT ENTRY:
December 5, 2008
APPEARANCES:
For Plaintiff-Appellee
For Defendants-Appellants
STEVEN E. HILLMAN
HAROLD R. KEMP
425 Metro Place North
JACQUELINE L. KEMP
Suite 460
88 West Mound Street
Dublin, OH 43017
Columbus, OH 43215
Delaware County, Case No. 08CAE030010
2
Farmer, J.
{¶1}
In 1987, Tracy Lukacs married David Fillmore. Together they purchased a
property located on Kilbannan Court in Dublin, Ohio. In 1991, the parties dissolved their
marriage.
{¶2} On February 17, 2005, Ms. Lukacs signed a quit claim deed on the
Kilbannan property. A notary or witness was not present. Thereafter, Mr. Filmore had
his friend notarize the deed outside of Ms. Lukacs's presence. On February 28, 2005,
Mr. Fillmore recorded the deed at the Delaware County Recorder's Office, Volume 588,
Page 530. On April 27, 2005, the parties entered into a separation agreement wherein
Mr. Fillmore received the Kilbannan property through his corporation, appellee,
Diversified International Properties.
{¶3} On August 9, 2005, Ms. Lukacs retained the services of appellant, Kemp,
Schaeffer, Rowe & Lardiere Co., L.P.A., to represent her on domestic relations issues.
On August 9, 2005, Ms. Lukacs executed a mortgage in the amount of $25,000 in favor
of appellant for attorney