The court of appeals decision upheld Judge Rose’s rulings and said Powers must still abide by the district court’s orders and injunctions, although Judge Rose indicated in an earlier ruling that he will not attempt to require Powers individually to pay monetary damages because of the declaration of bankruptcy.
Anne Mantia’s attorney, James Morris of Lexington, Ky., said, “We are extremely pleased that the Court of Appeals has affirmed the District Court’s ruling, and we look forward to finally being able to proceed with the case and obtain a judgment on the claims presented.
“It has been a long and difficult delay … . Hopefully we will be able to schedule a hearing promptly and reach a conclusion to this matter, and can finally close this difficult chapter.”
Powers’ attorney for the appeal, John Scaccia of Springboro, said via email Friday he had not had a chance to review the court of appeals decision. Attempts to reach Scaccia Sunday and this morning were not successful.
Anne and Christie Mantia co-owned Dominic’s restaurant on South Main Street in Dayton, but the partnership ended in 2005 with a buyout agreement in which Christie Mantia accepted $460,000 in part in exchange for agreeing to not use the term “Dominic’s” in any future restaurant ventures. Dominic’s closed in 2007 under Anne Mantia’s sole ownership. It had been in business for 50 years.
About the Author
