Corley v. Sullivan-Busman
2013 Ohio 3153
Ohio Ct. App.2013Background
- Corley sued Sullivan-Busman in a forcible entry and detainer action seeking possession and back rent.
- Service by certified mail was unclaimed; regular mail was not returned.
- A default judgment for Corley awarding $3,000 for unpaid rent was entered on April 28, 2010.
- Sullivan-Busman movED to vacate the default judgment on April 29, 2011; he claimed he never received service and vacated the property Feb. 4, 2010.
- The trial court denied the motion to vacate on December 19, 2012; Sullivan-Busman appealed.
- The appellate court affirmed, holding joinder of possession and money-damages claims proper and denying relief under Civ.R. 60(B) excusable neglect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joinder of possession and money damages was proper | Sullivan-Busman argues the money-damages claim is not an FED action and should follow Civil Rules. | Corley contends joinder is permitted under R.C. 1923.081 to try possession and damages together. | Joinder was proper; no abuse of discretion. |
| Whether the default judgment could be vacated under Civ.R. 60(B) for excusable neglect | Sullivan-Busman asserts excusable neglect due to lack of notice and mail issues. | Corley contends neglect was not excusable since Sullivan-Busman did little to forward address changes. | No abuse of discretion; no excusable neglect shown; motion denied. |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard in appeals; defines discretion)
- Miele v. Ribovich, 90 Ohio St.3d 439 (2000) ( Civ.R. 1(C) exemption for FED actions from Civ.R. 4 service rules)
- Colley v. Bazell, 64 Ohio St.2d 243 (1980) (excusable neglect and liberal construction of Civ.R. 60(B))
- GTE Auto. Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (1976) (Civ.R. 60(B) relief standards; liberal construction of remedial rules)