2013 Ohio 38
Ohio Ct. App.2013Background
- Bank of America filed suit in March 2009 alleging Litteral defaulted on a residential note and mortgage and sought a judgment on the note plus foreclosure.
- Bank of America was the original lender and claimed it held the note and mortgage and sought foreclosure and sale of the property.
- In January 2010 the court granted Bank of America's summary-judgment request with a deadline to respond; Litteral sought mediation and an extension but the court denied mediation and granted a short extension.
- Bank of America obtained a judgment and foreclosure in February 2010; the property was later sold at sheriff’s sale in 2010 and the sale was assigned to the Federal Home Loan Mortgage Corporation.
- On remand in December 2010, the trial court considered summary judgment again; in January 2012 Bank of America filed a renewed motion for summary judgment and set a February 13, 2012 submission date.
- On February 15, 2012 the trial court denied Litteral’s untimely extension request and granted summary judgment to Bank of America, foreclosing the mortgage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying extension of time | Litteral argues denial violated due process and treated BOA more favorably. | Litteral contends he needed time to gather affidavits and evidence and to amend; Civ.R. 6(B) and discovery rights require extension. | No abuse of discretion; extension denial proper. |
Key Cases Cited
- State v. LaMar, 95 Ohio St.3d 181 (2002) (bias claim requires strong evidence; appellate review limited)
- State v. Unger, 67 Ohio St.2d 65 (1981) (broad discretion on continuances; abuse shown by unreasonable, arbitrary acts)
- Doriott v. MVHE, Inc., 2004-Ohio-867 (2d Dist.) (Civ.R. 56(F) continuance requires specific grounds and supporting affidavit)