2025 Ohio 2361
Ohio Ct. App.2025Background
- Banyan Living Ohio, LLC filed a complaint for forcible entry and detainer (eviction) and money damages against Marianthie Vourliotis and James Vourliotis over unpaid rent.
- Service attempts on Marianthie Vourliotis failed or were not properly perfected; initial efforts included leaving documents at the apartment door and certified mail, which was refused or undelivered.
- After a hearing attended by Vourliotis and her counsel, the magistrate ordered eviction (Count 1), but passed on the money damages claim (Count 2), noting service or answer due dates were not set.
- No further action occurred until nearly two years later, when Banyan tried to serve Vourliotis at a new address, but the court mistakenly sent the summons to her attorney, not to Vourliotis herself.
- Subsequently, the lower court granted Banyan default judgment on Count 2, despite ongoing service issues; Vourliotis argued she was never properly served and sought to vacate the judgment.
- The Eighth District Court of Appeals reviewed whether the default judgment for Banyan was void due to lack of personal jurisdiction arising from improper service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was service perfected on Count 2? | Vourliotis was duly served for Count 2. | Service was not perfected on Count 2 | Service was not perfected; court lacked jurisdiction |
| Did Vourliotis waive service by appearing in court? | She submitted to jurisdiction via appearance. | No waiver; appearance limited to Count 1 | No waiver for Count 2; personal jurisdiction not established |
| Should the default judgment be vacated? | Service was valid, judgment is proper. | Judgment is void due to lack of service | Judgment is void; must be vacated |
| Should the complaint be dismissed for delay? | Not argued below, cannot raise now. | Complaint should be dismissed under Civ.R. 4(E) | Dismissal argument not preserved; not addressed |
Key Cases Cited
- Mayfran Internatl., Inc. v. Eco-Modity, L.L.C., 2019-Ohio-4350 (Ohio Ct. App.) (court must have personal jurisdiction to enter a valid judgment)
- Maryhew v. Yova, 11 Ohio St.3d 154 (Ohio 1984) (personal jurisdiction requires proper service or waiver)
- Patton v. Diemer, 35 Ohio St.3d 68 (Ohio 1988) (void judgments can be vacated without Civ.R. 60(B) motion)
- Haley v. Hanna, 93 Ohio St. 49 (Ohio 1915) (defendant not required to alert court to defects in service)