Plaintiff alleges defendant community obtained writ through fraudulent means

In a riveting legal battle, the daughter of a deceased tenant has successfully appealed a court decision that denied her motion to vacate a writ of execution and impose sanctions. The case was filed by Brittany McCoy in the Court of Appeals of Ohio against Dyers Manufactured Housing Community on February 3, 2026. The appeal challenges the Franklin County Municipal Court’s previous judgment regarding her late father’s manufactured home.

The case began when Jeffrey McCoy, who rented a lot from Dyers Manufactured Housing Community for his manufactured home, passed away on February 24, 2024. His daughter, Brittany McCoy, informed the park operator about her father’s death but was told she needed approval to live in the home. Despite initiating probate proceedings to obtain the title to her father’s home, Dyers commenced eviction proceedings against Jeffrey for non-payment of rent in July 2024. A magistrate ruled in favor of Dyers based on testimony that rent was unpaid, despite Jeffrey’s death rendering him unable to attend or contest.

Brittany eventually received title to the home through probate court on September 24, 2024. However, when she presented this title to Graciela Gonzalez, the park operator for Dyers, she was accused of presenting fraudulent documentation. Subsequently, Gonzalez signed an affidavit claiming Jeffrey was still alive and owned the home. This affidavit led to a writ of execution being issued on October 16, 2024, allowing Dyers to sell the home for $7,500 despite Brittany’s protests and legal ownership.

Brittany moved to intervene and sought sanctions against Dyers under R.C. 2323.51 for allegedly obtaining the writ through fraudulent means—claims which were initially dismissed as moot by the trial court because they deemed no further relief could be granted since the property had been sold. However, upon appeal, it was determined that if fraud occurred in obtaining titles through false testimony or affidavits—as alleged—the original certificate and subsequent sales could be invalidated under Ohio law.

The appellate court found that meaningful relief could still be granted by vacating the writ due to potential fraud and thus reversed and remanded the case back to Franklin County Municipal Court for further proceedings consistent with their findings. They also ruled that Brittany’s motion for sanctions was timely filed within thirty days after what they recognized as a final judgment—contrary to prior rulings—and should be reconsidered.

Representing Brittany McCoy is Patrick A. Maloney from Legal Aid of Southeast and Central Ohio; Dimitrios G. Hatzifotinos from Willis Law Firm LLC represents Dyers Manufactured Housing Community alongside Elizabeth J. Birch from Law Office of Elizabeth J. Birch. The case ID is No. 25AP-264 with Judge Jamison presiding over this appellate decision.