CitiMortgage, Inc. v. Snider
2016 Ohio 8111
| Ohio Ct. App. | 2016Background
- CitiMortgage obtained a decree of foreclosure against Louis Snider on August 15, 2012; Snider later filed unsuccessful post-judgment motions (including a Civ.R. 60(B) motion denied Dec. 1, 2014) and did not appeal those final orders.
- Snider filed multiple subsequent motions (motion to set aside judgment, motions to stay foreclosure/sheriff’s sale, motions to set aside void judgment and an amended motion) between Dec. 2014 and Apr. 2016; the trial court overruled them and sustained CitiMortgage’s motion to confirm the sheriff’s sale on Apr. 22, 2016, directing counsel to submit a confirmation entry by May 3, 2016.
- Snider filed a notice of appeal on Apr. 28, 2016 from the Apr. 22, 2016 entry; the trial court nonetheless journalized a confirmation of sale and distribution on May 5, 2016 after the property had been sold on Mar. 31, 2016.
- CitiMortgage moved to dismiss the appeal and initially sought remand; it later withdrew the remand request after the trial court explained it had entered the final confirmation during the pendency of the (premature) appeal filing.
- The appellate court concluded the confirmation-and-distribution order (May 5, 2016) was a final appealable order but that the appeal was moot as to the sale and distribution because Snider failed to obtain a stay and the sale had been satisfied.
- The court declined to treat Snider’s motions to set aside as mere motions to reconsider; it allowed review of his subject-matter-jurisdiction arguments but dismissed the appeal in its entirety for Snider’s failure to file an appellate brief (failure to prosecute).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Apr. 22, 2016 order sustaining motion to confirm sale was final and appealable | Confirmation order was not final until journalized; remand requested to secure a final entry | Snider appealed from Apr. 22 entry sustaining confirmation | The sustaining was a pronouncement; the appeal as to confirmation was premature but may proceed as from the May 5, 2016 final journalized order |
| Whether the appeal as to confirmation and sale is moot because the property was sold | Sale confirmed and proceeds distributed; lack of stay made satisfaction voluntary | Snider sought stays but did not obtain one; appealed without supersedeas bond | Appeal concerning confirmation and distribution is moot; dismissal granted as to those issues because sale was completed without a stay |
| Whether Snider’s motions to set aside void judgment are mere motions to reconsider (nullities) | CitiMortgage: motions are functional equivalents of a null motion to reconsider the Dec. 1, 2014 denial of Civ.R. 60(B) | Snider: motions seek to vacate foreclosure for lack of subject-matter jurisdiction | Court refused to construe them as mere motions to reconsider; allowed appellate review of his subject-matter-jurisdiction claims (res judicata not jurisdictional) |
| Procedural disposition for failure to prosecute | CitiMortgage: move to dismiss entire appeal where appropriate | Snider: opposed | Although portions overruled re: jurisdictional arguments, the court dismissed the appeal in its entirety for Snider’s failure to file an appellate brief by the deadline |
Key Cases Cited
- Blodgett v. Blodgett, 49 Ohio St.3d 243 (Ohio 1990) (voluntary satisfaction of a judgment renders an appeal moot)
- White v. White, 50 Ohio App.2d 263 (8th Dist. 1977) (filing a notice of appeal without a stay does not prevent the trial court from enforcing its judgment)
- Brooks v. Orshoski, 129 Ohio App.3d 386 (6th Dist. 1998) (trial court pronouncement directing counsel to prepare journal entry is not a final judgment)