Turoczy Bonding Co. v. Hopper
CourtOhio Court of Appeals
Date FiledOctober 8, 2026
Docket116202
JudgeS. Gallagher
StatusPublished
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Full Opinion
[Cite as Turoczy Bonding Co. v. Hopper, 2026-Ohio-3965.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
TUROCZY BONDING COMPANY, :
DBA CITY BONDNG
:
Plaintiff-Appellee,
: No. 116102
v.
:
TONYA HOPPER, ET AL.,
:
Defendants-Appellants.
JOURNAL ENTRY AND OPINION
JUDGMENT: REVERSED AND REMANDED
RELEASED AND JOURNALIZED: October 8, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Case No. CV-25-117543
Appearances:
Weltman Weinberg & Reis Co., L.P.A., and Donald A.
Mausar, for appellee.
Tonya Hopper, Bethany Harris, and Dominique Harris,
pro se.
SEAN C. GALLAGHER, J.:
Defendants-appellants Tonya Hopper, Bethany Harris, and
Dominique Harris appeal the decision of the trial court that granted plaintiff-
appellee Turoczy Bonding Company’s motion for summary judgment and found
appellants jointly and severally liable in this bond-forfeiture case. Upon review,
we reverse the trial court’s ruling and remand the case for further proceedings.
On May 14, 2025, a complaint was filed by “Turoczy Bonding
Company dba City Bonding” that alleged appellants were liable under bond
contracts after criminal defendant Cortez Hopper failed to appear before the Lake
County Court of Common Pleas, which issued default notices to surety. The
complaint alleged an amount due and owing from appellants of “$178,105, which
includes the bond forfeiture of $150,000, plus $10,000.00 times two according to
the Bond contract, and the balance for the premium due of $8,105.00.” Although
the complaint is styled as “dba City Bonding,” the bond contracts attached to the
complaint identify “City Bonding Company, Inc.” as the contracting party.
Appellants appeared pro se in the matter. Tonya Hopper asserted in
her answer to the complaint that the contracts that were signed did not mention
Turoczy Bonding Company (“Turoczy”) and that the bond judgment in the Lake
County Court of Common Pleas was still an open case. Supplemental exhibits that
were filed by Turoczy show there were two criminal actions against Cortez Hopper.
It appears that in one case, there was a bond judgment against “City Bonding and/or
Universal Fire and Casualty Insurance Company” in the amount of $150,000, and
in the other, there was a bond judgment against “Turoczy Bonding and/or Universal
Fire and Casualty Insurance Company” in the amount of $10,000. Motions to
vacate those bond judgments were denied by the Lake County Court of Common
Pleas.
In the action herein, after a motion to dismiss was denied and the
dispositive motion deadline was extended by the trial court, Turoczy filed a motion
for summary judgment. Turoczy argued that it had fully performed all obligations
required under the bond contracts, that Cortez Hopper violated the terms and
conditions of his bond, that demand letters were sent to appellants regarding the
forfeited bond, and that appellants failed to satisfy and are liable for the full bond
amount and associated costs. Turoczy attached an affidavit from its authorized
representative stating “the amount currently due and owing” from appellants is
“$178,105.00, together with statutory interest from the date of judgment and
costs[.]”
Appellants filed a motion to strike Turoczy’s motion for summary
judgment as untimely because it was not filed by the initial dispositive motion
deadline, to dismiss the action for want of prosecution, and for leave to conduct
discovery aimed at determining whether Turoczy has any legal right to enforce the
bond contracts and actually paid the bond forfeiture or suffered the loss claimed.
That motion was denied as moot upon the trial court’s acceptance of Turoczy’s
motion for summary judgment and the opposition filed by appellants.
In opposing the motion for summary judgment, appellants conceded
entering into the bail-bond agreements for the release of Cortez Hopper. However,
they argued that the contracts identify “City Bonding Company, Inc.” as the
contracting party and not Turoczy Bonding Company, among other arguments.
They further challenged the affidavit provided by Turoczy and disputed whether
Turoczy is entitled to collect debts owed to City Bonding Company, Inc., whether
Turoczy paid the $150,000 bond forfeiture to the Lake County court, and whether
the “dba City Bonding” designation is legitimate. As argued by appellants, no
documentation was provided showing that Turoczy and City Bonding Company, Inc.
are the same entity or that Turoczy is doing business as City Bonding Company, Inc.
Appellants pointed to this court’s decision in Freeman v. Turoczy Bonding Co., Inc.,
2022-Ohio-937 (8th Dist.), wherein it was determined that the appellant therein
could not “hold Turoczy to [City Bonding, Inc.’s] contractual obligations.” Id. at
¶ 46. Turoczy did not respond to these arguments.
In ruling on Turoczy’s motion for summary judgment, the trial court
set forth the facts as follows:
In this case, the court finds that the written record demonstrates
that each defendant executed a written bond contract; plaintiff posted
the bond enabling the release of Cortez Hopper, [and] therefore
plaintiff fully performed. The defendants’ obligation then became due
when Mr. Hopper failed to appear in court. Thus, the basic
requirements for a valid enforceable contract have been satisfied.
Plaintiff received a default notice from the court confirming that the
bond had been forfeited. A final demand letter was sent to the
defendants regarding the forfeited bond and the outstanding balance
owed to plaintiff. Plaintiff asserts the total amount due and owing is
$178,105.00.
In rejecting appellants’ arguments, the trial court indicated that “the
plaintiff is enforcing its own bond under a trade name. The name City Bonding
functions as a dba, a licensed agent, the name of which is used on bond paperwork.”
The trial court found that the appellants’ obligation “was fixed and liquidated upon
forfeiture of the bond by the court.” Further, the trial court observed that the facts
and legal issues of this case did not mirror the Freeman case.
Ultimately, the trial court granted Turoczy’s motion for summary
judgment and found appellants liable for the bond forfeiture. The trial court entered
judgment in favor of appellee and against appellants jointly and severally in the
amount of $178,105 plus statutory interest from the date of judgment and the costs
of the action.
Appellants, who have each filed an appellate brief pro se, raise several
challenges to the trial court’s decision to grant Turoczy’s motion for summary
judgment. We review the trial court’s decision de novo, governed by the standard
set forth in Civ.R. 56. See Huntington Natl. Bank v. Schneider, 2025-Ohio-2920,
¶ 13, citing Comer v. Risko, 2005-Ohio-4559, ¶ 8. Under Civ.R. 56(C), summary
judgment may be granted when “(1) no genuine issue as to any material fact remains
to be litigated; (2) the moving party is entitled to judgment as a matter of law; and
(3) it appears from the evidence that reasonable minds can come to but one
conclusion, and viewing such evidence most strongly in favor of the party against
whom the motion for summary judgment is made, that conclusion is adverse to that
party.” (Cleaned up.) Huntington at ¶ 13. “Furthermore, because summary
judgment is a procedural device to terminate litigation, it must be awarded with
caution. Doubts must be resolved in favor of the nonmoving party.” (Cleaned up.)
Hood v. Diamond Prods., 74 Ohio St.3d 298, 304 (1996).
Upon our review, we find summary judgment was improperly granted
in this case. Appellants have repeatedly asserted in this action that Turoczy does not
appear on the bond contracts and challenged whether Turoczy may recover on
contracts between appellants and “City Bonding Company, Inc.” In moving for
summary judgment, Turoczy failed to offer any evidence to establish its connection
to the entity appearing on the bond contracts as “City Bonding Company, Inc.” or to
properly establish its claim on the bond contracts, which has been consistently
challenged by appellants in the matter. Turoczy never addressed the issue, and
though the trial court found that “City Bonding” is a trade name, this is different
from the name “City Bonding Company, Inc.” that appears on the bond contracts.
Although we certainly understand Turoczy’s assertion at oral argument that it is
enforcing its own bond contracts under a trade name and brought this action as “dba
City Bonding,” we nonetheless find there is a clear discrepancy in the record before
us. The trial court did not address this issue, deficient evidence was provided by
Turoczy, and there is an inadequate record to resolve this issue on appeal.
Furthermore, it is upon Turoczy, and not the court or the opposing party, to properly
establish its claim.
As the party moving for summary judgment, Turoczy had the initial
burden of pointing to evidence that demonstrates there is no genuine issue of
material fact and that it is entitled to judgment as a matter of law. See Browne v.
Artex Oil Co., 2019-Ohio-4809, ¶ 16, citing AAAA Ents., Inc. v. River Place
Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). Turoczy
failed to do so, and therefore, its motion for summary judgment should have been
denied. This is not to say appellants cannot ultimately be held liable under the bond
contracts after further proceedings before the trial court and additional evidence is
provided in this matter.
To the extent that appellants argue that the trial court violated its own
scheduling order in this case, we find no abuse of discretion in granting an extension
of the dispositive motion deadline or in accepting Turoczy’s motion for summary
judgment. Although we do not find a due-process violation occurred as argued by
appellants, we recognize that there are deficiencies in the record. We also are not
persuaded by appellants’ judicial-estoppel argument. See Independence v. Office of
the Cuyahoga Cty. Executive, 2014-Ohio-4650, ¶ 29 (observing that judicial
estoppel “precludes a party from taking a position inconsistent with a position that
it successfully and unequivocally asserted in a prior judicial proceeding” and “is an
equitable doctrine that a court may invoke at its discretion”). Additionally, we will
not address arguments being raised for the first time on appeal.
Upon the limited record before us, we find the trial court erred in
granting Turoczy’s motion for summary judgment. The case is remanded to the trial
court for further proceedings.
Judgment reversed; case remanded.
It is ordered that appellants recover from appellee costs herein taxed. The
court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to
Rule 27 of the Rules of Appellate Procedure.
______________________
SEAN C. GALLAGHER, JUDGE
MICHELLE J. SHEEHAN, A.J., and
EILEEN A. GALLAGHER, J., CONCUR