Background - Fifth Third Bank sued Thomas Bolera in Butler County, Ohio on Feb. 8, 2016 to collect on a delinquent Equity Flexline note (acct ending 9105) with principal $98,938.55 plus interest and fees; the agreement specified Kentucky law. - Complaint was sent by certified mail to an address in West Chester, Butler County; Bolera had previously used that same address on multiple pro se filings and accepted service via his estranged wife. - Bolera answered pro se, asserted counterclaims (breach of contract and FCRA claims based on an alleged forbearance concerning unrelated mortgages), but did not assert lack of service or improper venue in his initial answer. - After counsel substituted in, Bolera amended to add additional claims and to add PT Centers of Florida as a third-party plaintiff; PT Centers never litigated in the trial court and is not a party on appeal. - The trial court granted Fifth Third summary judgment on its debt-collection claim, dismissed Bolera's FCRA counterclaim, and allowed one breach-of-forbearance counterclaim to proceed earlier; Bolera's later motions for summary judgment and dismissal were denied. - Bolera appealed, arguing the trial court erred in denying his motion to dismiss (service and venue) and in granting Fifth Third summary judgment while denying his own. The appellate court affirmed. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---|---| | Personal jurisdiction / service of process | Fifth Third: service by certified mail to address used by defendant was proper; Bolera entered appearance. | Bolera: lacked service; no ties to Butler County. | Waived by Bolera by entering appearance and using the Butler County address on filings; trial court had jurisdiction. | | Venue | Fifth Third: venue proper and not timely contested. | Bolera: venue improper. | Waived because not raised in initial answer and defendant litigated on merits; amendment came by leave after the 28-day rule. | | Summary judgment on debt claim | Fifth Third: entitled to judgment as holder of the note; unpaid balance owed. | Bolera: invoked statutes of limitations and relied on unrelated Florida/Oregon matters; sought his own summary judgment. | Affirmed for Fifth Third; Bolera admitted nonpayment and owed balance; extraneous foreign suits irrelevant. | | Counterclaims (forbearance/FCRA) | Bolera: alleged breach of forbearance and FCRA violations. | Fifth Third: moved to dismiss for failure to state a claim. | FCRA claim dismissed; other breach theory initially survived pleading stage but did not prevent summary judgment for bank on debt claim. | ### Key Cases Cited Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (party moving for summary judgment bears initial burden to show no genuine issue of material fact) Burgess v. Tackas, 125 Ohio App.3d 294 (Ohio Ct. App. 1998) (standards for appellate review of summary judgment) Snyder Computer Sys., Inc. v. Stives, 175 Ohio App.3d 653 (Ohio Ct. App. 2008) (entering an answer without asserting personal-jurisdiction defense waives the defense) Touhey v. Ed's Tree & Turf, L.L.C., 194 Ohio App.3d 800 (Ohio Ct. App. 2011) (moving party's initial burden on summary judgment) * Roberts v. RMB Ents., Inc., 197 Ohio App.3d 435 (Ohio Ct. App. 2011) (summary judgment terminates litigation when no trial issues remain)