The case stems from a small claims complaint seeking damages of money arising from water bills issued from the sale and closing of immovable property. Respondent—Third Party Plaintiff/Appellant William T. Drown, Fidelity Title & Closing Services, LLC, and Nina Richards (Appellant) handled the closing of real estate transfers as closing and escrow agents for the purchase of real estate. Attorney William Todd Drone was the principal of Fidelity Titles & Closing LLC, which employs Nina Richards. Plaintiff-Appeal Blythwood Farms, Ltd. was the buyer of the immovable property (appeal). The third party defendants Chris and Shelley McComb were real estate sellers.
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STATEMENT OF THE FACTS AND PROCEEDINGS
As part of the closing process, Chris and Shelley McCombs signed documents on the terms of the appointment of an escrow agent/acceptance of the escrow termination affidavit, under which they paid all utility bills, including water, in full. The closing affidavit reads, “All bill(s) for water and sewer issued for water and sewer have been and/or will be paid in full for water and sewer and services in the premises, including Inclusive of charges up to the date of last reading, if after the date of this affidavit.” In addition, as part of the closing process, McCombs signed a document called a collaboration agreement, in which he signed a contract with Fidelity Title and Closing Services Agency, Inc.
On May 16, 2013 or around May 16, 2013, after being advised of the outstanding water bill, the appellants sent a letter to the last known address of McCombs seeking payment of the water bill without charge. No response received.
The matter proceeded with the filing of a small claims complaint in Coshocton Municipal Court here. A test took place on September 17, 2013.
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The Trial Court, on October 11, 2013, issued a judgment on merits in all the cases, finding in favor of Appelli Blythwood Farms Ltd. for outstanding water bills amounting to $556.22 against the appellants. The trial court further found in favor of the appellants that their third party complaint against Chris and Shelley McCombs amounted to $556.22.
Third party defendants Chris and Shelley McCombs did not appeal the trial court’s decision in a timely manner.
Appellants Fidelity Title & Closing LLC and Nina Richards Appeal, Error Specified as:
“I. The Trial Court’s October 11, 2013 Judgment Entry is against the weight of the evidence that the Trial Court did not take any oath and failed to conduct any trial process in contravention of procedure.
“II. The trial court made a prejudicial error by holding the appellant, Nina Richards, personally liable for a corporate debt of Fidelity Title and Closing Services LLC when the appellant was only a limited employee.
“III. The trial court made a prejudicial error by filing the judgment against the appellants by relying on the Coshocton County Ordinances as unconstitutional and in violation of RC 6119.06&r.
“IV. The trial court has committed a prejudicial error by recording the decisions of the appellant [sic] that there is no ground for liability in the contract