[Cite as Balalovski v. Tanevski, 2021-Ohio-3990.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Aleksandar S. Balalovski, : Plaintiff-Appellee, : No. 20AP-447 v. : (C.P.C. No. 17CV-11123) Dance Tanevski, : (REGULAR CALENDAR) Defendant-Appellant, : Lence Tanevski, : Defendant-Appellee. : D E C I S I O N Rendered on November 9, 2021 On brief: Donnell & Thomas Law, and Titus G. Donnell, for appellant. Argued: Titus G. Donnell. APPEAL from the Franklin County Court of Common Pleas BROWN, J. {¶ 1} This is an appeal by defendant-appellant, Dance Tanevski (individually "appellant"), from a judgment of the Franklin County Court of Common Pleas overruling his objections to a magistrate's decision and entering judgment in favor of plaintiff- appellee, Aleksandar S. Balalovski, on appellee's claim for breach of contract. {¶ 2} On December 16, 2017, appellee filed a complaint, naming as defendants Dance Tanevski and Lence Tanevski (collectively "the defendants"), and asserting causes of action for breach of contract and unjust enrichment. The complaint alleged that, in early 2005, the defendants approached appellee about securing a loan to help them with financial No. 20AP-447 2 difficulties. The complaint further alleged that appellee agreed to loan the defendants the sum of $25,000, but that the defendants had failed to repay money owed to him under the loan. {¶ 3} By order of reference filed June 10, 2019, the matter was assigned to a magistrate of the trial court who conducted a bench trial on October 7, 2019. The magistrate subsequently issued a decision which included the following findings of fact and conclusions of law. {¶ 4} Appellee and the defendants are "members of the Macedonia community in Central Ohio," having immigrated to the United States from Macedonia "many years ago." The parties "know each other socially," and testimony was presented as to "the closeness of this community, centered around its church, and the help and support that members of the Macedonia community provide to each other." (Mag. Decision at 3.) {¶ 5} Appellee "testified that members of the Macedonia community trust each other," and that they "do business with each other, including loans, without 'papers' or documentation." Appellee related "he has always been paid back when he has loaned money to other members of the Macedonia community, and this is the first time that someone has refused to repay money that was borrowed." (Mag. Decision at 3.) {¶ 6} According to appellee, appellant "called him on September 2, 2004, and told him that he was in big trouble with the Internal Revenue Service and that his money had been frozen." Appellant "asked to borrow $2,500.00," and appellee "agreed to help * * * and gave [appellant] $2,500.00 in cash the next day, September 3, 2004." (Mag. Decision at 3.) Appellant asked appellee "not to tell his wife, Defendant Lence Tanevski, about the loan," and appellant "promised to re-pay the loan in two (2) weeks." There was "no discussion" between appellee and appellant "about interest on the loan or when [appellant] had …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals