Willow Bend Apartments v. Koster

Summary

The Tenth District Court of Appeals of Ohio dismissed Warren Koster’s appeal from a forcible entry and detainer judgment as moot. The court held that Koster’s vacating the premises and restoration of possession to Willow Bend Apartments eliminated any remaining controversy concerning immediate possession.

Holdings

1. When a tenant vacates the leased property and possession is restored to the landlord, an appeal concerning restitution of the property is moot because no further relief can be granted regarding immediate possession.
2. In determining whether an appeal has become moot, an appellate court may consider evidence outside the record and may take judicial notice of facts capable of accurate and ready determination from reliable sources.

Questions Presented

1. Whether Koster's appeal from the judgment granting restitution in the forcible entry and detainer action became moot after he vacated the premises and possession was restored to Willow Bend.

Disposition

dismissed