U.S. District Court Judge Thomas M. Rose granted a default judgment against Reece Powers III, Christie Mantia and a third defendant, former Dominic’s chef Harry Lee, in March 2010.
The lawsuit was first filed in April 2009 by former Dominic’s owner Anne Mantia against her stepdaughter, Christia, and former Duke’s owner Reece Powers III.
Rose found Powers to be in contempt of court and ordered his restaurant, Duke’s, to shut down. But the issue of monetary damages was never fully resolved, in part because Powers filed for personal bankruptcy. Powers’ Chapter 7 liquidation case is still pending in U.S. Bankruptcy Court in Dayton.
The court of appeals decision upheld Rose’s rulings and said Powers must still abide by the district court’s orders and injunctions, although 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. Powers’ attorney for the appeal, John Scaccia of Springboro, said his client “is disappointed with the ruling, and he is examining his options to find alternative forms of relief,” which Scaccia said may include appealing the decision to the U.S. Supreme Court.
Contact this reporter at (937) 225-2258 or mfisher@DaytonDailyNews.com.
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