2018 Ohio 4583
Ohio Ct. App.2018Background
- In May 1999 the Altmans sued Parker for injuries/property damage from an auto accident; complaint sent by certified mail to 4232 Lowry Ave (listed address). Certified mail was returned unclaimed; ordinary mail to same address was not returned. Parker did not answer and a default judgment was entered in Aug. 1999.
- The default judgment was revived in April 2011 and the Altmans began garnishing Parker’s wages; Parker did not appeal the revivor order (it was mailed to a Kentucky address).
- In June 2017 Parker moved to set aside the 1999 default judgment, alleging lack of service and that the judgment was void; he submitted an affidavit saying he had not lived at Lowry Ave since 1986 and never received the complaint.
- The Altmans opposed and requested a hearing to rebut nonservice; the trial court denied Parker’s motion without a hearing, finding Parker failed to rebut the presumption of proper service and that laches barred relief.
- The court of appeals reversed and remanded, holding laches cannot bar relief from a void judgment and that the trial court erred by denying an evidentiary hearing to assess Parker’s credibility regarding nonreceipt of service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether laches bars Parker’s motion to set aside a 1999 default judgment | Altmans: Parker waited unreasonably long; laches prevents relief | Parker: If judgment is void for lack of service, laches cannot validate a nullity | Court: Laches does not bar relief from a void judgment; trial court erred to rely on laches |
| Whether Parker rebutted the presumption of proper service such that a hearing was required | Altmans: Certified mail + subsequent ordinary mail compliance creates presumption of service; no hearing needed | Parker: His sworn affidavit and supporting materials rebut the presumption of receipt | Court: Trial court should not have discredited Parker’s uncontradicted affidavit without an evidentiary hearing; remand for hearing |
| Whether trial court could assess credibility and deny relief without an evidentiary hearing | Altmans: Circumstantial evidence supports receipt; court may disbelieve defendant | Parker: Credibility required a hearing before the court rejected his affidavit | Court: Credibility assessment requires a hearing when defendant presents uncontradicted sworn denial and plaintiff requested a hearing; remand for hearing |
| Whether appellate court can review the 2011 revivor order | Altmans: Not argued here | Parker: Revivor is void if underlying default is void | Court: Appellate court lacks jurisdiction to review the 2011 revivor order here (untimely appeal), though that order would be a nullity if original judgment is void |
Key Cases Cited
- Terwoord v. Harrison, 10 Ohio St.2d 170 (Ohio 1967) (abuse-of-discretion standard for common-law motions to set aside judgment)
- Cincinnati Ins. Co. v. Emge, 124 Ohio App.3d 61 (Ohio Ct. App. 1997) (presumption of proper service when civil rules followed; defendant may rebut; hearing often required to assess credibility)
- Lingo v. State, 138 Ohio St.3d 427 (Ohio 2014) (void judgments are nullities and may be collaterally attacked at any time)
- In re Estate of Gray, 162 Ohio St. 384 (Ohio 1955) (laches does not bar attack on void judgment)
- Rafalski v. Oates, 17 Ohio App.3d 65 (Ohio Ct. App. 1984) (if defendant gives uncontradicted sworn statement of nonreceipt, judgment may be vacated despite compliance with Civ.R. 4.6)
- Austin v. Smith, 312 F.2d 337 (D.C. Cir. 1962) (a void judgment cannot acquire validity through laches)