Overview
Nancy F. Kibbee was not a party in this case. False allegations made about her during the case by her brothers Randall and Thomas Firor and others were repeated as fact. The brothers sued their lawyer Deborah Lydon. Kibbee was not involved and there was no ruling against her.
Randall “Randy” Firor and Thomas Firor sued their sister, Nancy F. Kibbee, in 2013. The case ended in Federal Court with rulings against the Firor brothers and in favor of Kibbee in 2015. (The case had to move to Federal Court because Kibbee’s limited financial resources had been depleted by lawyers’ fees.)
After losing their claims in 2015, the Firor brothers then sued their former attorney Deborah Lydon and lost that case, too. During the course of that litigation, both sides repeated their allegations from the 2013 case against Kibbee, as though these allegations were proven fact, when in fact, the Federal Court in 2015 had reviewed the Firor brothers’ evidence, and determined it did not support their claims against their sister.
Allegations Repeated as Fact
Nonetheless, the Appeals Court that heard the Firor vs. Lydon case, repeated as fact in its ruling what the brothers and Lydon said – during this case in which Nancy Kibbee was not a party, was not subject to judicial review or judgment and not present to object. Now, apparently, because Kibbee was not a party in that case, she has no standing to seek Court assistance in stopping the continuous Internet circulation of allegations presented as fact.
The following Court documents verify that no Court ever ruled against Kibbee on the merits of the Firor brothers’ claims, and that a Court did rule against the Firor brothers on the merits of the same claims, and that this ruling was supposed to forever end – in 2015 — the case they had brought against Kibbee.
Supreme Court of Ohio: Case 2020-1509 Randall Firor et al vs. Deborah Lydon
“None of this information was ever proven in court; (Nancy) Kibbee was never a party to any of the proceedings before the Court of Appeals. … the Court of Appeals’ decision includes conclusory language describing what “(Deborah) Lydon’s investigation” allegedly “revealed” about Kibbee’s actions.”
(View Court Document) Memorandum for Jurisdiction
1st District Court of Appeals Case: C-1700137 Randall Firor, et. al., vs. Deborah Lydon
“Nancy Kibbee was not a party to this case. However, in the written opinion of this Court, Mrs. Kibbee is written about in a manner that is contrary to all the final judgments and rulings of the multiple litigations surrounding the lawsuit her brothers (Randall Firor and Thomas Firor) filed against her, which ended with rulings against the Firor brothers in 2014 (and 2015). …”
“The statements against (Nancy Kibbee), however, run contrary to the final judgments and rulings made in multiple litigations of these cases, both in Ohio and Federal Courts, and ended in her brothers’ claims being overruled and denied. The Firor brothers then sued Deborah Lydon and others, and the brothers’ accusations are repeated in this Honorable Court’s 2018 opinion. To read this written opinion, one would conclude that this Honorable Court finds the allegations against Mrs. Kibbee to be true and factual. This is simply not the case.”
(View Court Document) Motion for Reconsideration
U.S. Court Southern District of Ohio
Through new counsel in 2014, the Firor brothers submitted a claim against Kibbee and a lengthy spreadsheet compiled by their former lawyer, alleging it was proof of misappropriated funds. Kibbee’s attorney argued there was no proof or documentation.
In addition, he submitted as evidence the report of a forensic accountant who had reviewed the brother’s evidence and found no damages caused by Kibbee.
After hearing both sides, a Federal Judge on February 23, 2015, ruled against the Firor brothers (through their lawyer Godbey & Associates), denying their claim and setting any amount owed to them at $0.