State ex rel. Ohio Atty. Gen. v. Mohiuddin
Mohiuddin
Citation
2025 Ohio 2692
Court
Unknown Court
Decided
July 31, 2025
Importance
35%
Practice Areas
Case Summary
[Cite as State ex rel. Ohio Atty. Gen. v. Mohiuddin, 2025-Ohio-2692.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State ex rel. Ohio Attorney General, : Plaintiff-Appellant, : No. 24AP-369 v. : (C.P.C. No. 21CV-1120) Leah Mohiuddin et al., : (REGULAR CALENDAR) Defendants-Appellees. : D E C I S I O N Rendered on July 31, 2025 On brief: Dave Yost, Attorney General, T. Elliot Gaiser, and Jana M. Bosch, for appellant. Argued: Jana M. Bosch. On brief: Luther L. Liggett, Jr., for appellee Casey Goleb. Argued: Luther L. Liggett, Jr. APPEAL from the Franklin County Court of Common Pleas DORRIAN, J. {¶ 1} Plaintiff-appellant, the Ohio Attorney General (“the state”), appeals from a decision and judgment entry of the Franklin County Court of Common Pleas granting an award of attorney fees to defendant-appellee, Casey Goleb. For the following reasons, we conclude this court lacks jurisdiction to hear the state’s appeal and, therefore, we dismiss the appeal. I. Facts and Procedural History {¶ 2} On February 22, 2021, the state filed a complaint against Leah Mohiuddin and appellee, Casey Goleb, seeking to recover funds pursuant to R.C. 117.28 based on a finding for recovery in the state auditor’s audit report for the state for the year ending June 30, 2014. The complaint alleged that Goleb was hired at Mohiuddin’s direction to be No. 24AP-369 2 an English Language Learners (“ELL”) instructor at the Sunrise Academy, a chartered nonpublic school in the Hilliard City School District. Goleb’s compensation and benefits for the relevant period were charged to the school district’s Auxiliary Services Fund which was provided by the Ohio Department of Education. The state’s complaint alleged, as determined in the auditor’s report, that there was no evidence that Sunrise Academy provided an ELL program or ELL services to its students. The state sought to recover a judgment against Mohiuddin and Goleb, jointly and severally, in the amount of $268,127.83, plus interest.1 {¶ 3} On March 31, 2021, Mohiuddin filed an answer and affirmative defenses to the complaint. On April 14, 2021, Mohiuddin filed a third-party complaint against third- party defendants, Mouhamed Nabih Tarazi, Sunrise Academy, the Hilliard City School District (“the school district”), and Brian Wilson as treasurer of the school district. The third-party complaint alleged that Mohiuddin acted at the direction and control of Tarazi and that she should be entitled to indemnification and/or contribution from the third-party defendants if found liable. Mohiuddin also alleged that the school district and Wilson breached a duty owed her and Goleb by directing and facilitating the payments at issue. Mohiuddin also sought indemnification from the third-party defendants should she be found liable under the state’s complaint. {¶ 4} Between April 2021 and January 2022, the parties submitted competing dispositive motions. On November 15, 2021, Goleb filed an answer to the state’s complaint. {¶ 5} By a decision dated April 18, 2022, the trial court granted Tarazi and Sunrise Academy’s motion to dismiss, concluding that Mohiuddin’s claim for indemnification against them had not yet accrued because she had not been found liable under the state’s complaint. On the same day, the trial court issued a decision granting the motion to dismiss and for summary judgment filed by the school district and Wilson. The trial court also issued a decision denying Mohiuddin and Goleb’s motion to dismiss or, in the alternative, for summary judgment and, by the same decision, denied the state’s motion for summary judgment. {¶ 6} A jury trial was scheduled to begin on December 12, 2022. On December 8, 2022, the trial court received a notice stating that Mohiuddin had filed a bankruptcy 1 The judgment amount sought was based on the auditor’s finding that Goleb was paid $198,746 in compensation and benefits, plus a calculation of interest. No. 24AP-369 3 petition which invoked an automatic stay under federal law. On September 26, 2023, on the request of Goleb and the state, the trial court issued a decision granting the state’s motion to reactivate its claims against Goleb, and it set the case for a trial. {¶ 7} A jury trial began on January 29, 2024. Following t
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[Cite as State ex rel. Ohio Atty. Gen. v. Mohiuddin, 2025-Ohio-2692.]
IN THE COURT OF APPEALS OF OHIO
TENTH APPELLATE DISTRICT
State ex rel. Ohio Attorney General, :
Plaintiff-Appellant, :
No. 24AP-369
v. : (C.P.C. No. 21CV-1120)
Leah Mohiuddin et al., : (REGULAR CALENDAR)
Defendants-Appellees. :
D E C I S I O N
Rendered on July 31, 2025
On brief: Dave Yost, Attorney General, T. Elliot Gaiser, and
Jana M. Bosch, for appellant. Argued: Jana M. Bosch.
On brief: Luther L. Liggett, Jr., for appellee Casey Goleb.
Argued: Luther L. Liggett, Jr.
APPEAL from the Franklin County Court of Common Pleas
DORRIAN, J. {¶ 1} Plaintiff-appellant, the Ohio Attorney General (“the state”), appeals from a decision and judgment entry of the Franklin County Court of Common Pleas granting an award of attorney fees to defendant-appellee, Casey Goleb. For the following reasons, we conclude this court lacks jurisdiction to hear the state’s appeal and, therefore, we dismiss the appeal. I. Facts and Procedural History {¶ 2} On February 22, 2021, the state filed a complaint against Leah Mohiuddin and appellee, Casey Goleb, seeking to recover funds pursuant to R.C. 117.28 based on a finding for recovery in the state auditor’s audit report for the state for the year ending June 30, 2014. The complaint alleged that Goleb was hired at Mohiuddin’s direction to be No. 24AP-369 2
an English Language Learners (“ELL”) instructor at the Sunrise Academy, a chartered nonpublic school in the Hilliard City School District. Goleb’s compensation and benefits for the relevant period were charged to the school district’s Auxiliary Services Fund which was provided by the Ohio Department of Education. The state’s complaint alleged, as determined in the auditor’s report, that there was no evidence that Sunrise Academy provided an ELL program or ELL services to its students. The state sought to recover a judgment against Mohiuddin and Goleb, jointly and severally, in the amount of $268,127.83, plus interest.1 {¶ 3} On March 31, 2021, Mohiuddin filed an answer and affirmative defenses to the complaint. On April 14, 2021, Mohiuddin filed a third-party complaint against third- party defendants, Mouhamed Nabih Tarazi, Sunrise Academy, the Hilliard City School District (“the school district”), and Brian Wilson as treasurer of the school district. The third-party complaint alleged that Mohiuddin acted at the direction and control of Tarazi and that she should be entitled to indemnification and/or contribution from the third-party defendants if found liable. Mohiuddin also alleged that the school district and Wilson breached a duty owed her and Goleb by directing and facilitating the payments at issue. Mohiuddin also sought indemnification from the third-party defendants should she be found liable under the state’s complaint. {¶ 4} Between April 2021 and January 2022, the parties submitted competing dispositive motions. On November 15, 2021, Goleb filed an answer to the state’s complaint. {¶ 5} By a decision dated April 18, 2022, the trial court granted Tarazi and Sunrise Academy’s motion to dismiss, concluding that Mohiuddin’s claim for indemnification against them had not yet accrued because she had not been found liable under the state’s complaint. On the same day, the trial court issued a decision granting the motion to dismiss and for summary judgment filed by the school district and Wilson. The trial court also issued a decision denying Mohiuddin and Goleb’s motion to dismiss or, in the alternative, for summary judgment and, by the same decision, denied the state’s motion for summary judgment. {¶ 6} A jury trial was scheduled to begin on December 12, 2022. On December 8, 2022, the trial court received a notice stating that Mohiuddin had filed a bankruptcy
1 The judgment amount sought was based on the auditor’s finding that Goleb was paid $198,746 in compensation and benefits, plus a calculation of interest. No. 24AP-369 3
petition which invoked an automatic stay under federal law. On September 26, 2023, on the request of Goleb and the state, the trial court issued a decision granting the state’s motion to reactivate its claims against Goleb, and it set the case for a trial. {¶ 7} A jury trial began on January 29, 2024. Following t
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Date Decided
July 31, 2025
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