Davie v. First Baptist Church of Greater Cleveland
2016 Ohio 7713
| Ohio Ct. App. | 2016Background
- Erica Davie enrolled her children in First Baptist Church of Greater Cleveland’s day-care; she was not a church member and did not receive the 10% member discount.
- Davie received county assistance for tuition but failed to timely update her financial status; the county terminated benefits and Davie did not rectify that with the county.
- The Church’s parent handbook (and practice) prohibited attendance when an account is two weeks past due; Davie’s account became about $1,800 overdue and the Church barred the children from attending the following week.
- The Church wrote off the unpaid debt; Davie did not attempt re-enrollment or to satisfy the debt but sued alleging racial or religious motivation for exclusion.
- The Church moved for summary judgment supported by deposition excerpts, an affidavit authenticating the handbook, invoices, and past-due notices; the trial court granted summary judgment and later denied Davie’s Civ.R. 60(B) motion for relief from judgment.
- On appeal Davie argued the trial court improperly considered evidence outside Civ.R. 56(C) and erred in denying relief from judgment; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court improperly considered evidence outside Civ.R. 56(C) | Davie: Exhibits and deposition excerpts attached to Church’s motion were not permitted under Civ.R. 56(C) | Church: Attached materials were proper deposition excerpts and documents authenticated by affidavit; full transcripts were later filed | Court: Evidence was properly before the court; documents complied with Civ.R. 56(C) and were authenticated |
| Whether deposition transcripts were improperly filed/served or incomplete | Davie: Transcripts were not properly authenticated, not served under Civ.R. 5, not read or waived, and portions omitted | Church: Transcripts included reporter’s notarization, express waivers under Civ.R. 30(E), and required certificates of service | Court: Davie’s procedural objections were without merit; transcripts were complete and properly filed/served |
| Whether trial court erred in denying Civ.R. 60(B) relief for late summary-judgment response | Davie: Late response was due to excusable neglect (family emergency and counsel withdrawal) and warranted relief | Church: Even if neglect excusable, movant must show a meritorious defense to obtain relief | Court: Denial affirmed because Davie failed to show a meritorious claim even assuming excusable neglect |
| Whether Davie stated a viable claim of discrimination (race/religion) sufficient to survive summary judgment | Davie: Exclusion was racially or religiously motivated | Church: Exclusion followed neutral, written nonpayment policy applied without regard to race/religion; undisputed facts show nonpayment was the cause | Court: No evidence of discriminatory motive; nonpayment was undisputed and entitled Church to summary judgment |
Key Cases Cited
- Biskupich v. Westbay Manor Nursing Home, 33 Ohio App.3d 220 (1986) (documents authenticated by affidavit may be considered on summary judgment)
- GTE Automatic Elec., Inc. v. ARC Indus., 47 Ohio St.2d 146 (1976) (movant seeking Civ.R. 60(B) relief must show meritorious defense in addition to excusable neglect)
- Rose Chevrolet, Inc. v. Adams, 36 Ohio St.3d 17 (1988) (appellate standard for reviewing summary judgment and the requirement to show meritorious claims when seeking relief)