Coleman v. R&T Invest. Property
2014 Ohio 2080
Ohio Ct. App.2014Background
- Plaintiff Coleman sued Triplett and R&T Investment Property in small claims court for health-code violations preventing her from moving into the leased apartment.
- After mediation, the parties settled on June 25, 2013; Triplett agreed to mail a $355 money order to Coleman by July 5, 2013.
- The magistrate indicated the settlement and rescheduled the date to July 10, 2013 if the payment was not made; judgment would be entered if not honored.
- Trial notices were issued; one notice was sent to Triplett but later returned as not deliverable; the docket reflected the July 10 date.
- At trial on July 10, 2013, Triplett did not appear; Coleman was awarded $858.39 plus costs and interest; the court adopted the magistrate’s decision.
- Triplett moved for a new trial under Civ.R. 59, arguing lack of notice; the trial court denied the motion and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process was violated by lack of notice | Triplett lacked notice due to unclaimed mailings. | Triplett had actual and constructive notice from the June 25 order and docket entries. | No due process violation; there was actual and constructive notice. |
| Whether the trial court abused its discretion in denying Civ.R. 59 motion for new trial | Lack of notice tainted proceedings; irregularity deprived fair trial. | Notices were sufficient; the court did not err in denying new trial. | No abuse of discretion; motion properly denied. |
Key Cases Cited
- Ohio Valley Radiology Assoc., Inc. v. Ohio Valley Hosp. Assn., 28 Ohio St.3d 118 (1986) (notice and due process; docket entry suffices for notice)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (due process requires notice reasonably calculated to apprise interested parties)
- Ries Flooring Co. v. Dileno Constr. Co., 53 Ohio App.2d 255 (1977) (constructive notice via docket entry can satisfy notice requirements)
- Metcalf v. Ohio State Univ. Hosp., 2 Ohio App.3d 166 (1981) (docket notice supports due process; reliance on docket entries)
- Leader Ins. Co. v. Moncrief, 2006-Ohio-4232 (10th Dist. No. 05AP-1289, 2006) (timely notice shown by correct docket entry despite conflicting notices)
- Yoder v. Thorpe, 2007-Ohio-5866 (10th Dist. No. 07AP-225, 2007) (actual and constructive notice through court orders and docket)