Fidelity Tax, L.L.C. v. Hall
2014 Ohio 4448
Ohio Ct. App.2014Background
- Appellant Jeffery B. Hall executed a 1998 promissory note to Huntington’s predecessor for $190,000 secured by a mortgage on 597-601 Oak Street, Columbus.
- In 2007 Fidelity Tax, LLC purchased a tax certificate entitling it to foreclose due to delinquent taxes.
- Fidelity filed a foreclosure action in 2010; Huntington cross-claimed for foreclosing its mortgage; Fidelity dismissed its claims against Hall in 2011.
- Huntington obtained summary judgment and a decree of foreclosure in 2012; the property sold at public auction in 2014; sale was confirmed and proceeds ordered distributed in March 2014.
- Hall appealed the March 2014 sale-confirmation/ distribution order on March 25, 2014.
- In April 2014 Hall sought homestead-exemption relief to the remaining sale proceeds; another lienholder contested; trial court had not ruled on these motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sale-confirmation and distribution order is a final appealable order. | Fidelity's view not explicitly stated in opinion. | Hall argues the order is final and appealable (defendant's position is implied contrary in the opinion). | Not final; dismissal for lack of jurisdiction. |
Key Cases Cited
- K.B. v. Columbus, 2014-Ohio-4027 (2014) (lack of Civ.R. 54(B) language prevents review of final judgment partials)
- Browder v. Shea, 2005-Ohio-4782 (2005) (finality requires express Civ.R. 54(B) certification for partial judgments)
- Moore v. Gross, 2010-Ohio-3328 (2010) (discusses finality and Civ.R. 54(B) certification impact)