Fifth Third Mtge., Co. v. Rankin, 2012 Ohio 2804

Fifth Third Mortgage sued Rankin in Pickaway County for foreclosure; trial court granted summary judgment and decree of foreclosure on 12/6/2010, which Rankin appealed (Rankin I).
A sheriff's sale was held 3/1/2011; Rankin was the successful bidder and deposited $14,204.
Rankin moved to vacate the sheriff's sale for notice defects under R.C. 2329.26(A)(1); trial court denied 4/14/2011; Rankin appealed from that denial (Rankin II).
During Rankin I, this court affirmed the summary judgment and foreclosure on 6/3/2011.
On 8/5/2011 the trial court found Rankin in contempt, vacated the sheriff's sale and the Confirmation Entry, and forfeited Rankin's deposit; the order did not explicitly bar Rankin from bidding at future sales.
Rankin filed Rankin III seeking review of the August 5 order; Fifth Third moved to dismiss arguing lack of jurisdiction and that the order was void; this court granted the motion and vacated the August 5 order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the August 5, 2011 order was void for lack of jurisdiction.	Fifth Third argues the order was void since issued while Rankin II was pending.	Rankin acknowledges lack of jurisdiction to vacate the Confirmation Entry while Rankin II was pending.	Order void for lack of jurisdiction; appeal dismissed.

Ormandy v. Dudzinski, 2010-Ohio-2017 (9th Dist. 2010) (trial court may be without jurisdiction to issue void order and appellate court may dismiss)
Chuparkoff v. Kapron, 2009-Ohio-5462 (9th Dist. 2009) (appeal on void order; lack of jurisdiction governs)
State v. Hall, 2007-Ohio-947 (4th Dist. 2007) (inherent authority to vacate void judgments)
Patton v. Diemer, 35 Ohio St.3d 68 (1994) (subject-matter jurisdiction cannot be waived; can be raised any time)
State v. Corder, 2010-Ohio-5652 (4th Dist. 2010) (appeal from void order; jurisdiction issue)
State ex rel. Carnail v. McCormick, 126 Ohio St.3d 124 (2010) (subject-matter jurisdiction cannot be waived; raise anytime)