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HARBEITNER v. SUPERINTENDENT, OHIO DEPT. OF COMMERCE, DIV. OF REAL ESTATE

No. 95-1925.

77 Ohio St.3d 281 (1997)

HARBEITNER ET AL., APPELLEES, v. SUPERINTENDENT, OHIO DEPARTMENT OF COMMERCE, DIVISION OF REAL ESTATE, APPELLANT.

Supreme Court of Ohio.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Thomas P. Bliss, for appellees.

Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, Christopher S. Cook, Daniel A. Malkoff and Nancy H. Rogoff, Assistant Attorneys General, for appellant.

PFEIFER, J.

In this case, we are asked to determine whether the judgment awarded to the Harbeitners is the type of judgment that must be paid, upon proper application, from the Real Estate Recovery Fund (the "Fund"). For the reasons that follow, we hold that the judgment was not obtained "on the grounds of conduct associated with an act or transaction of a broker or salesman" within the meaning of R.C. 4735.12(B). Accordingly, we reverse the judgment of the court...

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