Man will have his day in court over home lawsuits

WARREN -- After an afternoon worth of negotiations between lawyers on two civil cases, Howland developer William Fleming received what he says he wants: a chance to have his "day in court."
Fleming, who was sued by David and Marilyn Miller over the construction of a home he built for them in the Camden Pond neighborhood, and who later lost a $565,000 judgment to them, will get a hearing Oct. 26 and 27 before Visiting Judge Thomas P. Curran of Cuyahoga County.
In 2002, Trumbull County Common Pleas Judge John M. Stuard ruled that Fleming failed to appear for a deposition, used unfair and deceptive sales practices in his dealings with the Millers, and ruled that the Millers were entitled to actual damages of about $140,000 plus triple damages totaling about $565,000.
Judge Stuard later recused himself from the case, which is why Judge Curran is presiding.
Judge Curran said the hearing will go forward as long as U.S. Bankruptcy Court indicates that such a hearing is proper.
Fleming's attorney, Donald Ford Jr. of Warren, must provide Judge Curran with a filing from the bankruptcy court to that effect before the October hearing can take place, Judge Curran ruled.
Fleming was forced into bankruptcy by the Millers based upon a filing by their attorney, Randil Rudloff of Warren.
The hearing in October will determine whether Fleming must pay the $565,000 judgment and other issues.