Packo’s receiver seeks dismissal of appeal
2/11/2012The court-appointed receiver in the Tony Packo’s Inc. case responded Friday to request from a state appeals court by filing a motion asking the court to dismiss an appeal by Robin Horvath, the company’s former co-owner.
In the motion, receiver Steven Skutch argued that Mr. Horvath doesn’t meet specific criteria to obtain a writ from the Ohio 6th District Court of Appeals vacating orders by Lucas County Common Pleas that recently allowed Tony Packo’s to be sold to TP Foods LLC. Mr. Skutch also argued that he cannot be sued without obtaining leave to do so from the lower court.
And he argued that with the Feb. 4 sale of Packo’s, the relief Mr. Horvath sought in his appeal — halting the sale — is moot.
Mr. Horvath had filed an appeal with the appellate court trying to halt the sale. Late last month the appellate court ordered Mr. Skutch and Common Pleas Judge Gene Zmuda to respond to the appeal by either agreeing with it, filing a response to it, or moving to dismiss it.
Judge Zmuda has requested additional time to file his response.