Franks v. Reynolds
2021 Ohio 3247
| Ohio Ct. App. | 2021Background
- John K. Franks and Gerald L. Franks sued in March 2014 to quiet title to oil and gas reserved by earlier grantors; nineteen named defendants included four (John W. Huddleston, Richard Huddleston, Linda Haynes/Hanes, Nancy Payne) claimed unlocatable.
- Plaintiffs filed an affidavit for service by publication showing searches of probate records and multiple public/subscription databases; notice was published weekly for six weeks and default judgments entered July 29, 2014 quieting title.
- The four heirs (appealing as “Huddleston Heirs”) moved to vacate in September 2020 (six years later), claiming lack of personal jurisdiction because plaintiffs did not use reasonable diligence before resorting to publication.
- Appellants submitted affidavits saying each lived at a stable, discoverable address in 2013–2014 and did not receive prior notice; they argued this rebutted the presumption of reasonable diligence.
- Plaintiffs submitted detailed counsel affidavits and search records (Westlaw People Search, county probate checks, ODNR records, Whitepages/Google/people-search databases, etc.) and argued appellants failed to identify what searches would have found them.
- The trial court denied vacation, finding appellants failed to rebut the presumption arising from the affidavit for publication and, alternatively, that plaintiffs’ search efforts were reasonably diligent; the appellate court affirmed.
Issues
| Issue | Franks' Argument | Huddleston Heirs' Argument | Held |
|---|---|---|---|
| Whether service by publication was invalid for lack of reasonable diligence (thus rendering default judgment void) | Plaintiffs contended their affidavit and documented searches gave a rebuttable presumption of reasonable diligence; appellants failed to show what additional searches would have located them. | Appellants argued their affidavits showing long-term, discoverable addresses rebutted the presumption and that plaintiffs did not use reasonable diligence before publishing. | Court held appellants did not rebut the presumption; alternatively plaintiffs’ searches were reasonably diligent. Judgment affirmed. |
Key Cases Cited
- Lincoln Tavern Inc. v. Snader, 165 Ohio St. 61 (court may vacate judgment that was rendered without proper service)
- Patton v. Diemer, 35 Ohio St.3d 68 (party may attack void judgment without Civ.R. 60(B) constraints)
- Sizemore v. Smith, 6 Ohio St.3d 330 (affidavit for publication gives rise to rebuttable presumption of reasonable diligence; examples of commonly available searches)
- Mullane v. Central Hanover Bank & Tr. Co., 339 U.S. 306 (due-process principles governing notice by publication)
- In re Thompkins, 115 Ohio St.3d 409 (actual notice not required; no requirement of "heroic efforts")
- American Tax Funding L.L.C. v. Robertson Sandusky Properties, 26 N.E.3d 1202 (7th Dist. application of reasonable-diligence analysis to service by publication)