Cases | 2007-Ohio-386(Ohio Ct. App. 2007) | 2018
The defendant pled guilty to unauthorized use of property in connection with his failure to complete the construction of three homes he was contracted to build for three separate parties. The defendant was ordered to pay restitution totaling $329,438; the amount awarded to the three defrauded couples differed based on the specifics of the victims and their contracts with the defendant. The defendant appealed, arguing that some amounts included within the restitution order were improper because he was either not responsible for the cost incurred or certain offsets were not taken into account by the trial court. The appellate court found that the trial court failed to offset the restitution amounts for all three victim couples by the net reduction in their mortgage principle. Additionally, though all the victims were allowed legal fees in connection with removing mechanics liens from their properties placed by subcontractors unpaid by the defendant, one victim’s award for legal fees associated with the case at bar was disallowed by the appellate court, as was the portion of the award to one victim that included the costs of construction upgrades not part of the original contract between the defendant and the victim. The order of restitution was remanded.