In a riveting legal battle that highlights the complexities of property transactions and contractual obligations, Morgan228, L.L.C. emerged victorious in its breach of contract lawsuit against Frederick J. Miavitz and Beverly L. Miavitz. The case was filed by Morgan228, L.L.C. in the Portage County Court of Common Pleas on April 20, 2022, against the defendants Frederick J. Miavitz and Beverly L. Miavitz.
The origins of this dispute trace back to February 8, 2021, when the Miavitzes entered into an Agreement for Purchase and Sale of Real Property with Morgan228, an Ohio limited liability company owned by Jeff Buck. Under this agreement, Morgan228 agreed to purchase a commercial property from the Miavitzes for $235,000 with specific conditions requiring the sellers to remove all personal property from the premises before closing. However, upon taking possession on June 17, 2021, Buck discovered numerous items left behind at the property including scrap metal and hazardous materials hidden behind drywall.
Faced with these unexpected remnants, Buck hired contractors to clear out the debris at significant expense totaling $33,226.45—a cost initially covered by another company owned by Buck called A. Morgan Building Group. This led Morgan228 to file a complaint against the Miavitzes alleging breach of contract and fraud due to their failure to fulfill their obligations under the sale agreement.
Throughout court proceedings that unfolded over several years and included multiple appeals and objections by both parties regarding damages and contractual interpretations, key testimonies were presented from involved parties including real estate agents and family members of the defendants. The magistrate ultimately ruled in favor of Morgan228 citing that although there was no intentional concealment or inducement by the Miavitzes regarding personal property left behind, they had indeed breached their contractual duty to remove said items.
Despite objections raised by the defendants challenging both liability for cleanup costs beyond mere removal expenses as well as questioning whether actual damages were incurred given payments made by A. Morgan Building Group rather than directly by Morgan228—the court found sufficient evidence supporting claims that reimbursement would occur post-judgment thereby affirming financial harm suffered due to breach.
Morgan228 sought judgment awarding them compensatory damages equivalent to costs incurred for clearing out leftover materials from purchased premises—a request granted after careful judicial consideration reaffirming principles surrounding expectation interests within breach-of-contract cases where injured parties are entitled compensation reflecting benefits lost through non-performance without unjust enrichment beyond original bargain terms agreed upon between contracting entities involved herein.
Representing legal interests throughout this complex litigation were attorneys Kenneth D. Myers for plaintiff-appellee Morgan228 alongside William D. Lentz representing defendant-appellants Frederick J., Beverly L., collectively known as “the Miavitzes.” The presiding judge overseeing appellate review was John J Eklund while opinions rendered included contributions from judges Matt Lynch (P.J.) along with Scott Lynch concurring judgments reached therein; Case ID: 2025-P-0046.
Source: 2026Ohio520_Morgan228_LLC_v_Miavitz_Opinion_Ohio_Court_of_Appeals.pdf