Citizens Bank v. Hines
2013 Ohio 690
Ohio Ct. App.2013Background
- Citizens Bank of Logan filed a creditor’s bill and foreclosure action on seven Athens County parcels, seeking to satisfy a large judgment against Pam Hines from equitable interests and mortgage/ lien claims.
- Bank alleged Hines had insufficient personal or real property subject to levy but claimed an equitable interest in the estate of Laisa Prokos, the executor named as a defendant.
- Cases were consolidated in April 2011; Hines’ counsel changed twice, with representation lapsing during a key period before summary judgment.
- Bank moved for summary judgment on October 3, 2011, while Hines was unrepresented; new counsel appeared November 1, 2011 and extended time to respond through November 30, 2011.
- Hines filed a response and a Civ.R. 56(F) continuance request on November 30, 2011; the court denied the continuance and granted summary judgment on December 27, 2011, with a foreclosure decree on January 13, 2012.
- Appellate court affirmed, holding Civ.R. 56(F) requirements were not met and the denial of the continuance was not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of Civ.R. 56(F) continuance and summary judgment was error. | Hines contends lack of opportunity to complete discovery warranting a continuance. | Bank asserts Civ.R. 56(F) not satisfied; no abuse of discretion. | No error; continuance properly denied; summary judgment affirmed. |
| Whether the trial court abused its discretion by denying a continuance for discovery due to counsels' withdrawal. | Hines was without counsel for a period, hindering defense. | Bank provided discovery; Civ.R. 56(F) not satisfied; fishing expedition not required. | No abuse of discretion; denial affirmed; judgment affirmed. |
Key Cases Cited
- Ford Motor Credit Co. v. Ryan, 189 Ohio App.3d 560 (10th Dist. 2010) (Civ.R. 56(F) continuance requires adequate reasons; abuse standard applied)
- State ex rel. Sawyer v. Cuyahoga Cty. Dept. of Children and Family Servs., 853 N.E.2d 657 (Ohio 2006) (affirms standard for review of disciplinary/administrative action and discovery rulings)
- Comisford et al. v. Erie Ins. Property Casualty Co., — (4th Dist. 2011) (Civ.R. 56(F) requirements; fishing expedition caution)
- Sabo v. Hollister Water Association, — (4th Dist. 2007) (no abuse where party failed to justify discovery need)
- Fifth Third Mortgage Co. v. Rankin, — (4th Dist. 2011) (no obligation to permit discovery without showing likelihood of relevant facts)