Goering v. Lacher
2011 Ohio 5464
Ohio Ct. App.2011Background
- Goering filed a foreclosure action against Scott R. Lacher and Juanita L. Lacher for delinquent taxes in Hamilton County.
- Service of process was by certified mail to the couple’s proper address and Juanita signed for the envelopes.
- The Lachers did not answer, and Goering obtained a default judgment.
- Intervenor Knox purchased the property at a sheriff’s sale and the sale was confirmed on February 17, 2010.
- Lacher moved to vacate the judgment or for relief from judgment under Civ.R. 60(B), alleging lack of actual notice and improper service.
- The trial court denied the motions, and Lacher appealed challenging service, Civ.R. 60(B) relief, and the weight of the evidence supporting the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service of process was proper to confer jurisdiction. | Lacher asserts lack of actual notice, but proper service occurred via certified mail. | Lacher contends service was defective and jurisdiction improper due to no actual notice. | Service was proper; no defect shown in service despite lack of actual notice. |
| Whether Civ.R. 60(B) relief was available to vacate a void judgment. | N/A (not explicitly stated by Goering). | Relief from judgment cannot be based on Civ.R. 60(B) when voidness arises from lack of service. | Void judgment vacatur not via Civ.R. 60(B); affirmed on that basis. |
| Whether the denial of the motion to vacate was against the manifest weight of the evidence. | N/A. | No evidence of improper service was presented by Lacher. | Trial court’s denial affirmed; no weight shown to overturn. |
Key Cases Cited
- Castellano v. Kosydar, 42 Ohio St.2d 107 (Ohio 1975) (certified mail effective upon delivery; due process requires notice reasonably calculated to reach interested parties)
- Swinehart, 62 Ohio St.2d 403 (Ohio 1980) (service need only be reasonably calculated to give notice)
- Cincinnati School Dist. Bd. of Edn. v. Hamilton Cty. Bd. of Revision, 87 Ohio St.3d 363 (Ohio 2000) (proper service prerequisite to personal jurisdiction; void if not properly served)
- Emge v. Cincinnati Ins. Co., 124 Ohio App.3d 61 (Ohio App. 1997) (court may vacate a void judgment based on inherent authority)