Buckingham Doolittle Burroughs, L.L.P. v. Izaldine
2016 Ohio 2817
Ohio Ct. App.2016Background
- Buckingham Doolittle Burroughs, L.L.P. sued Donna Dewald (aka Donna Izaldine) dba Equity Exteriors for unpaid legal fees; complaint initially used incorrect name.
- Dewald claims she mailed a letter to opposing counsel and the Summit County Clerk denying the allegations and correcting her name, but did not electronically file it; the letter is not in the record.
- Trial court’s docket showed no timely response, and Buckingham filed an amended complaint reflecting Dewald’s correct name. After no response, Buckingham moved for default judgment under Civ.R. 55(A).
- Trial court granted default judgment. Dewald moved to vacate, asserting she had appeared by letter and that the default judgment was void for lack of notice and hearing; she attached an affidavit but not the letter.
- Trial court denied the motion to vacate (citing failure to appear, inadequate grounds, and untimeliness). Dewald appealed; the appellate court affirms in all respects.
Issues
| Issue | Plaintiff's Argument (Dewald) | Defendant's Argument (Buckingham) | Held |
|---|---|---|---|
| Whether default judgment was void for lack of notice/hearing under Civ.R. 55(A) | Dewald said her mailed letter constituted an appearance, so she was entitled to written notice and a hearing | There is no record evidence Dewald appeared; default may be entered without notice if no appearance | Court held no appearance shown (letter not in record); no notice required; judgment not void — motion to vacate properly denied |
| Whether trial court applied Civ.R. 60 criteria to void-judgment motion improperly | Dewald argued court relied on Rule 60 standards (timeliness, grounds) for a common-law voidness motion | Buckingham: denial correct because no appearance shown; any misreference to Rule 60 was harmless | Court found order did not reference Rule 60; even if it did, any error was harmless given disposition on appearance issue |
| Whether default on amended complaint filed without leave required reversal | Dewald argued amended complaint lacked leave of court so default judgment improper | Buckingham: argued procedure was proper; issue not raised below | Court found the argument forfeited for appellate review (no plain-error argument presented) and declined to consider it |
Key Cases Cited
- Terwood v. Harrison, 10 Ohio St.2d 170 (Ohio 1967) (standard for reviewing motions to vacate void judgments)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion defined)
- Ohio Valley Radiology Assoc., Inc. v. Ohio Valley Hosp. Assn., 28 Ohio St.3d 118 (Ohio 1986) (default judgment may be entered without notice if defendant has not appeared)
- Chieffo v. YSD Indus., Inc., 157 Ohio App.3d 182 (Ohio Ct. App.) (harmless-error principles in civil appeals)