Avon Lake Municipal Court
Docket entry on civil case number CVI 2400344

Click for case information
Case Number: CVI 2400344
Defendant(s): Finish First Construction Messer, Dustin
    06/12/2024
    • CASE WAS FILED WITH COURT
    06/17/2024
    • SUMMONS ISSUED TO FINISH FIRST CONSTRUCTION
    • BY CERTIFIED.
    • CASE SET FOR A SMALL CLAIMS ON 07/25/2024 AT 2:30 PM
    • NOTICE TO PARTIES
    • SMALL CLAIMS FILING FEE FOR 1 DEFENDANT $75.00
    • PAYMENT - RECEIPT NO. 2401929 IN THE AMOUNT OF $ 75.00
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 4251 74
    • ISSUED ON: 06/17/2024 TO: FINISH FIRST CONSTRUCTION
    • SENT BY: SMARTIN
    06/24/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 4251 74 REFERENCE # 2
    • SERVED ON: 06/20/2024 TO: FINISH FIRST CONSTRUCTION
    08/02/2024
    • SUMMONS ISSUED TO MESSER, DUSTIN
    • BY CERTIFIED.
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9158 04
    • ISSUED ON: 08/02/2024 TO: MESSER, DUSTIN
    • SENT BY: SMARTIN
    • CASE SET FOR A SMALL CLAIMS ON 09/25/2024 AT 2:00 PM
    • NOTICE TO PARTIES
    • SUMMONS TO DEFENDANT, DUSTIN MESSER
    • SMALL CLAIMS FILING FEE $ FOR ADDITIONAL DEFENDANT.10.00
    • PAYMENT - RECEIPT NO. 2402496 IN THE AMOUNT OF $ 10.00
    08/12/2024
    • E-CERTIFIED MAIL # 9314 8699 0440 0075 9158 04 REFERENCE # 2
    • SERVED ON: 08/08/2024 TO: MESSER, DUSTIN
    09/30/2024
    • JUDGMENT ENTRY-THIS MATTER CAME ON FOR SMALL CLAIMS TRIAL
    • ON PLAINTIFF'S CLAIM AGAINST FINISH FIRST CONSTRUCTION AND
    • DUSTIN MESSER. PLAINTIFF SHEILA RICE APPEARED AND TESTIFIED.
    • PLAINTIFF ALSO CALLED MARK SCHUCKMAN TO TESTIFY. NEITHER
    • JUDGMENT: DISMISSED FINISH FIRST CONSTRUCTION IN THE AMOUNT
    • JUDGMENT: J-AGAINST MESSER, DUSTIN IN THE AMOUNT
    • OF $1500.00. INTEREST FROM 09/30/2024
    • AT THE RATE OF 7.000%
    • JUDGMENT: J-FOR RICE, SHEILA M IN THE AMOUNT
    • OF $1500.00. INTEREST FROM 09/30/2024
    • AT THE RATE OF 7.000%
    • DEFENDANT APPEARED. SERVICE OF SUMMONS WAS SERVED UPON
    • DUSTIN MESSER ON AUGUST 8, 2024, AND UPON FINISH FIRST
    • CONSTRUCTION ON JUNE 20, 2024, BOTH BY CERTIFIED MAIL. THE
    • COURT FINDS THAT PLAINTIFF ENTERED INTO AN AGREEMENT
    • EARLIER THIS YEAR WITH DEFENDANT DUSTIN MESSER TO SEAL HER
    • PATIO.DUSTIN MESSER HAD SOMEONE GO TO THE HOUSE AND APPLY
    • THE SEAL TO THE PATIO. PLAINTIFF GAVE TO THAT PERSON A
    • CHECK MADE PAYABLE TO DUSTIN MESSER IN THE AMOUNT OF
    • $1500.00; THE CHECK WAS SUBSEQUENTLY CASHED AND CLEARED
    • PLAINTIFF'S BANK ACCOUNT. UPON PLAINTIFF'S INSPECTION OF
    • THEFINISHED WORK, SHE DISCOVERED A PATCH OF PATIO THAT WAS
    • ADIFFERENT SHADE THAN THE REST OF THE PATIO. THE PATCH WAS
    • IN AN OBVIOUS PLACE ON THE PATIO AND COULD NOT BE
    • CONCEALED. NUMEROUS TEXT MESSAGES WERE EXCHANGED WITH
    • DUSTIN MESSER AND HE SAID HE WOULD COME OUT TO LOOK AT AND
    • FIX THE ISSUE. HOWEVER, NO ONE EVER CAME OUT. AFTER MANY
    • THE COURT FOUND THAT PLAINTIFF SUSTAINED DAMAGES IN THE
    • AMOUNT OF $1500.00. THE COURT GRANTED JUDGMENT IN FAVOR OF
    • PLAINTIFF AND AGAINST DEFENDANT DUSTIN MESSER IN THE AMOUNT
    • OF $1500.00. THE COURT DENIED JUDGMENT AGAINST FINISH FIRST
    • FAILED ATTEMPTS AT REMEDYING THE ISSUE WITH MR. MESSER,
    • PLAINTIFF HIRED A DIFFERENT COMPANY AND PAID THAT COMPANY
    • $1500 TO RESEAL THE PATIO. THAT INDIVIDUAL TOLD HER THAT
    • THEY COULD NOT FIX THE DISCOLORED SPOT WITHOUT RESEALING
    • CONSTRUCTION. THE COURT ENTERS JUDGMENT IN FAVOR OF
    • PLAINTIFF AGAINST DEFENDANT DUSTIN MESSER IN THE AMOUNT OF
    • $1500. THE COMPLAINT AS TO FINISH FIRST CONSTRUCTION,ONLY,
    • IS DISMISSED. IT IS SO ORDERED. COPIES TO PARTIES.
    10/04/2024
    • NUNC PRO TUNC ENTRY:
    • THE COURT ENTERS JUDGMENT IN FAVOR OF PLAINTIFF AGAINST
    • DEFENDANT DUSTIN MESSER IN THE AMOUNT OF $1,500.00 PLUS
    • INTEEST FROM DATE OF JUDGMENT AT THE RATE OF 7% PER ANNUM
    • AND COURT COSTS. THE COMPLAINT AS TO FINISH FIRST
    • CONSTRUCTION, ONLY, IS DISMISSED.
    • IT IS SO ORDERED.
    • COPIES TO PARTIES.
    10/08/2024
    • PAYMENT ERROR OF $ -10.00
    • SMALL CLAIMS FILING FEE $-10.00
    • CASE CORRECTION
    • COST FOR ADDITIONAL DEFENDANT $10.00
    • PAYMENT - RECEIPT NO. 2403454 IN THE AMOUNT OF $ 10.00