Buttner v. Renz, 2014 Ohio 4939

Buttner filed a forcible entry and detainer action (eviction) and a separate claim for unpaid rent and property damages; Rocky River Municipal Court entered an eviction.
Renz, pro se, filed a counterclaim in municipal court initially for $8,909 (cost of a Jeep), then amended it in common pleas to seek in excess of $79,624; claims were transferred to Cuyahoga C.P. because of amount in controversy.
The trial court ordered Renz to amend his counterclaim as legally deficient; Renz then filed an amended counterclaim alleging Buttner took the Jeep without reimbursing him ($8,909).
At bench trial, the court found neither party had answered the other’s pleadings and barred each from contesting the other’s claims; Buttner’s counsel asserted he was not served with Renz’s amended counterclaim but had noticed it on the docket prior to trial.
The court limited testimony to damages only, awarded Buttner $4,164.70 and awarded Renz $8,909 despite no testimony authenticating Renz’s exhibits or proving damages; the trial court appears to have entered a sua sponte default-style judgment on the counterclaim.
The appellate court reversed and remanded, holding the award for Renz lacked competent, admissible evidence and that the trial court abused discretion by entering judgment without notice required by Civ.R. 55(A).

Issue	Plaintiff's Argument (Buttner)	Defendant's Argument (Renz)	Held
Whether the trial court’s award to Renz was supported by competent, credible evidence	Award lacked evidentiary support; no testimony or admissible exhibits proved $8,909	Renz relied on marked exhibits and the amended counterclaim to prove damages	Reversed: no admissible testimony or authenticated exhibits; judgment not supported by competent evidence
Whether the court could enter judgment sua sponte/default without notice under Civ.R. 55(A)	Trial court improperly entered judgment without giving required notice; Buttner was litigating and had no notice of default	Court treated lack of answer as waiver and entered judgment	Reversed: sua sponte default/award without required notice or motion was an abuse of discretion
Whether Buttner forfeited objection to lack of service by not raising it before trial	Buttner argued he was not served and thus did not answer; he was actively litigating and should not lose rights for lack of service	Court held Buttner waived objection because he saw the docket entry before trial and did not raise service earlier	Rejected: appellate court found lack of service and lack of notice made default judgment improper
Whether limitation of plaintiff’s testimony constituted plain error	Buttner argued the court improperly limited his testimony at trial	Renz proceeded pro se and relied on court’s rulings; issue tied to trial management	Declared moot by appellate court after reversal on primary error

C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (judgment will not be reversed as against manifest weight if supported by competent, credible evidence)
St. Paul Fire & Marine Ins. Co. v. Ohio Fast Freight, Inc., 8 Ohio App.3d 155 (10th Dist. 1982) (documents must be authenticated to be admissible)
Burnside v. Cincinnati St. Rwy. Co., 93 Ohio App. 456 (1st Dist. 1953) (merely marking and referring to an exhibit does not automatically admit it into evidence)
Heldman v. Uniroyal, Inc., 53 Ohio App.2d 21 (8th Dist. 1977) (objections to exhibits must be made or renewed when exhibit is offered and admitted or they are not waived)
Bowersmith v. United Parcel Serv., Inc., 166 Ohio App.3d 22 (Ohio Ct. App. 2006) (trial court’s sua sponte entry of default judgment without notice or hearing is an arbitrary violation of Civ.R. 55(A))
Suki v. Blume, 9 Ohio App.3d 289 (8th Dist. 1983) (law disfavors default judgments; Civ.R. 55(A) requires notice to a party who has entered an appearance)