2015 Ohio 422
Ohio Ct. App.2015Background
- Davie sued Nationwide for insurance benefits due, with Saridakis alleged as uninsured tortfeasor.
- Nationwide asserted a third-party claim against Saridakis for UM/UIM benefits and its own damages.
- Saridakis did not answer; counsel sought continuance then withdrew; court characterized withdrawal as improper under local rules.
- After Davie-Nationwide claims were resolved, a default hearing was scheduled against Saridakis.
- Saridakis failed to appear; court entered default judgment for Nationwide for $29,474.07 plus 3% post-judgment interest.
- Saridakis appealed alleging excusable neglect due to a traffic elevator jam, arguing the court should have waited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in a default judgment for excusable neglect | Nationwide contends no excusable neglect was proven. | Saridakis argues excusable neglect due to elevator traffic jam warranted a delay. | Assignment overruled; default judgment affirmed. |
Key Cases Cited
- Zuljevic v. Midland-Ross Corp. Unitcast Div., 62 Ohio St.2d 116 (1980) (default judgment when defense has failed to plead)
- Ishmail v. State, 54 Ohio St.2d 402 (1978) (cannot add new evidence on appeal)
- State ex rel. Nese v. State Teachers Retirement Bd. of Ohio, 136 Ohio St.3d 103 (2013) (abuse of discretion standard for discretionary decisions)
- Chase Bank USA, N.A. v. Courey, 8th Dist. Cuyahoga No. 92798 (2010) (default judgment proceedings; abuse of discretion review)