Abrams v. Fuerst
2011 Ohio 1641
Ohio Ct. App.2011Background
- Plaintiff-appellant Dante Abrams appeals a Richland County Court of Common Pleas judgment in favor of Gerald E. Fuerst, Clerk of Courts of Cuyahoga County, on a Civ.R. 12(C) record.
- Abrams, incarcerated at Richland Correctional Institution, was previously sentenced to six months and completed it in 2003; he appears to have been incarcerated again later.
- On December 21, 2009, the clerk issued a $208.00 cost bill with $41.00 paid; on June 21, 2010, the Warden notified Abrams of a $167.00 obligation, which was paid from Abrams’ inmate account.
- Abrams alleged the cost bill was not an itemized bill as required by R.C. 2949.14 and sought return of the $208.00.
- The Clerk admitted issuing the cost bill and forwarding the order to pay, but denied any wrongdoing; Abrams sought leave to file and/or summary judgment while Fuerst moved for judgment on the pleadings.
- The trial court granted judgment on the pleadings, finding the bill was sufficiently itemized, and overruled Abrams’ motions as moot; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cost bill was sufficiently itemized | Abrams contends the cost bill is not itemized as required by law. | Fuerst asserts the bill is sufficiently itemized under the statute. | The bill was sufficiently itemized; assignment I overruled. |
| Whether judgment on the pleadings was proper | Abrams challenges the grant of judgment on the pleadings. | Fuerst argues the pleadings establish entitlement to judgment whether or not there is a dispute. | Judgment on the pleadings was proper; assignment II overruled. |
| Whether the motions for leave to file and for summary judgment were moot | Abrams contends the motions should not be mooted by the judgment. | Fuerst contends the motions became moot after judgment on the pleadings. | Mootness affirmed; assignments III & IV overruled. |
Key Cases Cited
- Crock Construction Company v. Stanley Miller Construction Company, 66 Ohio St.3d 588 (Ohio 1993) (itemized lien must detail specific materials and equipment)
- Whaley v. Franklin County Board of Commissioners, 92 Ohio St.3d 574 (2001) (de novo review for Civ.R. 12(C) judgments)
- Peterson v. Teodosio, 34 Ohio St.2d 161 (1973) (standard for judgment on the pleadings)
- State ex rel. Midwest Pride IV, Inc. v. Pontious, 75 Ohio St.3d 565 (1996) (scope of alternate relief and pleading standards)
- Sufronko v. State, 105 Ohio App.3d 504 (1995) (appellate review of Civ.R. 12(C) judgments)