Plaintiff alleges breach by Defendant over real estate deal

Thomas J. Moyer Federal Building Gavel
Thomas J. Moyer Federal Building Gavel
0Comments

Cris Krista’s legal battle over a real estate contract took a significant turn when the Ohio Court of Appeals for the Fourth Appellate District upheld a lower court’s decision to dismiss his claims against Terry Thompson. On December 10, 2025, the court released its judgment, finding that Krista failed to provide sufficient evidence to support his allegations of breach of contract and specific performance against Thompson.

The case originated from a November 2019 agreement in which Krista was to purchase two tracts of land in Hocking County from Thompson for $575,000. The terms required Krista to make monthly payments with the full balance due by December 1, 2021. However, the deadline passed without payment, prompting Thompson to declare the contract void. Krista subsequently filed a lawsuit on December 17, 2021, seeking specific performance and damages for breach of contract.

Krista’s appeal raised several issues, including claims that his trial counsel withdrew improperly on the morning of trial and that he was not given proper notice before his claims were dismissed. However, Judge Michael D. Hess found that it was Krista’s own failure to appear at trial or communicate effectively with his counsel that led to these outcomes. The court noted that Krista had been unresponsive and failed to provide necessary documentation or attend scheduled meetings with his attorney.

Thompson argued successfully that Krista’s absence at trial justified dismissal under Civ.R. 41(B)(2) due to lack of evidence rather than failure to prosecute under Civ.R. 41(B)(1). Additionally, the court found no merit in Krista’s claim regarding jurisdictional issues related to Karen Thompson being added as a party since she had been properly included in the proceedings.

The appellate court also addressed evidentiary challenges posed by Krista concerning the authenticity of documents presented by Thompson during trial. The court determined these exhibits were sufficiently authenticated through testimony and documentation provided by Thompson and his son.

Ultimately, the court affirmed the trial court’s decision that Terry Thompson was not in breach of contract as Krista had failed to fulfill his obligations under their agreement. This ruling underscores the importance of clear communication and adherence to contractual deadlines in real estate transactions.

Representing Cris Krista was Amanda R. Morris from Morris Law Firm LLC based in Lancaster, Ohio. John Lavelle from Lavelle & Rittenhouse represented Terry and Karen Thompson out of Athens, Ohio. The case ID is Case No. 25CA1 with Judges Smith and Wilkin concurring with Judge Hess’s opinion.

Source: 2025Ohio5566_Krista_v_Thompson_Opinion_Ohio_Court_of_Appeals.pdf


Related

Thomas J. Moyer Federal Building Gavel

Planned Parenthood Challenges State Over Abortion Law: Claims Violation of Reproductive Rights

In a landmark case filed on February 25th, Planned Parenthood along with other women’s health organizations triumphed over an unconstitutional abortion-related law in Ohio’s Hamilton County Court of Common Pleas against state health authorities…

Thomas J. Moyer Federal Building Gavel

Plaintiff property management company accuses tenant of unpaid rent

The Ohio Court of Appeals has affirmed a ruling against Tonya Walthaw in favor of Seminole Industries over unpaid rent disputes involving CMHA-subsidized housing agreements in Cleveland Municipal Court’s Housing Division case filed on April 2024

Thomas J. Moyer Federal Building Gavel

Morgan228 accuses former property owners of breach in real estate contract

A legal clash over unfulfilled promises in a real estate deal sees Morgan228 claiming victory against former property owners Frederick J., Beverly L., known collectively as “the Miavitzes.” At stake was $33K spent clearing remnants left…

Trending

The Weekly Newsletter

Sign-up for the Weekly Newsletter from Ohio Courts Daily.