Zmuda seeks dismissal of Packo's sale appeal

2/15/2012

Lucas County Common Pleas Judge Gene Zmuda has asked the Ohio 6th District Court of Appeals to dismiss an appeal filed by Robin Horvath in the Tony Packo's Inc. case. He cited some of the same arguments made in a motion to dismiss the appeal filed by Steven Skutch, a court-appointed receiver who had been overseeing the restaurant chain's operations.

Judge Zmuda's motion was his response to the appellate court's request that he address an appeal by Mr. Horvath, who now is the former co-owner of Packo's. Mr. Horvath had sought to halt or reverse rulings by Judge Zmuda allowing the sale of Packo's, which was purchased Feb. 4 by Bob Bennett of TP Food LLC.

Judge Zmuda argued that Mr. Horvath doesn't meet specific criteria to obtain a writ from the appellate court vacating orders by the lower court that allowed Packo's to be sold. The judge also argued that the Feb. 4 sale has made the appeal attempting to halt the sale moot, and Mr. Horvath has presented no set of facts entitling him to halt the sale.