Kunkle v. Kunkle

Summary

The Ohio Sixth District Court of Appeals affirmed an order appointing a receiver over disputed farming operations known as Kunkle Farms. The court held that the evidence, including tax filings suggesting a partnership and competing allegations concerning the disposition of partnership assets, supported a finding that the property or funds were in danger of being lost, removed, or materially injured. The court concluded that the trial court did not abuse its discretion in appointing the receiver.

Holdings

1. The trial court did not abuse its discretion in appointing a receiver for the disputed farming operations.
2. The court did not need to reconcile the parties' competing formulations because the evidence was sufficient under either standard.

Questions Presented

1. Whether the trial court abused its discretion by appointing a receiver without clear and convincing evidence establishing the statutory grounds for receivership.
2. Whether the evidence showed that the disputed farming partnership's property or funds were in danger of being lost, removed, or materially injured.

Disposition

affirmed