Columbus Check Cashers, Inc. v. Cary
962 N.E.2d 812
Ohio Ct. App.2011Background
- Columbus Check Cashers appeals from a Franklin County Municipal Court denial of its motion to revive a dormant judgment.
- Angela Cary did not file a brief in the present appeal.
- Judgment was entered March 31, 2003 in favor of Columbus for $847.75 plus 10% interest and costs.
- Judge did not execute on the judgment; after five years it became dormant under R.C. 2329.07(A)(1).
- Columbus filed a May 7, 2010 motion to revive the dormant judgment with a conditional order of revivor referencing the 2003 judgment; the June 10, 2010 order denied revival for two reasons: lack of amount in the order and failure to attach documentation.
- Court reverses the trial court and remands for further proceedings consistent with this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 2325.15/2325.17 require stating the original amount in the conditional order of revivor? | Columbus argues amount need not be specified; reference to record suffices. | Cary did not present an argument due to lack of brief (no substantive contrary position filed). | No; amount need not be specified at revivor. |
| What information is required for reviving a dormant judgment and for later liens/garnishments? | Columbus contends revival may proceed with reference to judgment; later action discloses amount due. | No explicit contrary position presented. | Revival may occur under 2325.15/2325.17 without an initial amount; the amount due must be disclosed in subsequent lien/garnishment actions. |
Key Cases Cited
- Taber v. Ohio Dept. of Human Servs., 125 Ohio App.3d 742 (1998) (de novo review of statutory interpretation when reviewing lower court’s application of a statute)
- Bartol v. Eckert, 50 Ohio St. 31 (1893) (revivor is a special proceeding within the original action; no relitigation of original issues)
- Thompson v. Slone, 68 Ohio App.3d 575 (1991) (revivor does not automatically revive liens; disclosure of amount due is required for execution)
- Leroy Jenkins Evangelistic Assn., Inc. v. Equities Diversified, Inc., 64 Ohio App.3d 82 (1989) (R.C. 2311.27/2311.28 treated as applicable to revivor of actions when a party dies or is incompetent)