Brislin v. Albert
2014 Ohio 3406
Ohio Ct. App.2014Background
- Brislin sued Albert in Summit County: breach of an oral contract and contribution related to a 2003 loan for a Michigan corporation jointly formed by them.
- In 2008, Brislin and Albert allegedly agreed in Summit County that each would pay half the monthly loan payment; Albert stopped paying in 2009.
- In 2010 the lender demanded full payment from both guarantors; Brislin alleges he paid more than his share since then.
- Albert moved to dismiss arguing improper venue; the trial court granted the motion for lack of personal jurisdiction and improper venue.
- The trial court sua sponte dismissed, and Brislin appealed; the appellate court reverses, holding both venue and personal jurisdiction issues were not properly addressed.
- The court remands for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly dismissed for lack of personal jurisdiction | Brislin argues Ohio long-arm statute establishes personal jurisdiction over Albert. | Albert contends lack of Ohio contacts and improper venue negate jurisdiction. | No; the court held Albert waived lack of personal jurisdiction and reversed. |
| Whether Summit County was a proper venue for Brislin’s complaint | Brislin contends Summit County is proper under Civ.R. 3(B)(6) and (7) given the oral agreement and Brislin’s residency. | Albert argues venue should be Michigan based on contacts and the forum selection clause. | Yes; Summit County is proper venue; the trial court abused its discretion. |
Key Cases Cited
- Fraley v. Estate of Oeding, 138 Ohio St.3d 250 (Ohio 2014) (personal jurisdiction reviewed de novo)
- Renacci v. Evans, 2009-Ohio-5154 (9th Dist. 2009) (venue emphasis; Medina County as proper venue)
- Travelers Indem. Co. v. Trowbridge, 41 Ohio St.2d 11 (Ohio 1975) (contribution generally arising from equity, not contract)
- D’Amore v. Mathews, 193 Ohio App.3d 575 (12th Dist. 2011) (waiver of lack of personal jurisdiction when not raised with venue)
- Singleton v. Denny’s, Inc., 36 Ohio App.3d 225 (9th Dist. 1987) (improper venue should be remedied by transfer, not dismissal)