2020 Ohio 4947
Ohio Ct. App.2020Background
- Derick Hunt sued The Arboretum Homeowners Association (Arboretum HOA) for declaratory relief and breach of contract after the HOA denied his petition to add a detached garage under the community declaration banning outbuildings.
- Hunt served the complaint on Matthew Roesch, who was listed as the HOA's registered agent, via certified mail; Roesch did not sign the receipt and had moved to Colorado and stopped practicing law in Ohio.
- Roesch (through an email and later affidavit) told Hunt's counsel he no longer resided in Ohio, that the former HOA president Charles Henson had died, and asked for assistance forwarding the complaint; Hunt’s counsel did not follow up and sought default judgment.
- The trial court granted default judgment and declared Hunt’s right to build the garage. Nine days later the HOA moved for relief from judgment, submitting affidavits from Roesch and the HOA’s current president denying knowledge of the suit and explaining Roesch’s relocation.
- The trial court denied relief. On appeal the court reviewed whether service was effective and whether the default judgment deprived the trial court of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service on the named statutory agent was effective to confer personal jurisdiction | Hunt: Service on the listed agent (Roesch) complied with Civ.R. and gave rise to presumption of proper service | Arboretum HOA: Roesch had relocated out of Ohio and was no longer a proper statutory agent; therefore service was ineffective | Service was ineffective. Roesch’s affidavit rebutted the presumption because he was not an Ohio resident at the time; trial court lacked personal jurisdiction and default judgment was reversed |
| Whether the trial court erred in denying the HOA’s motion for relief from judgment | Hunt implicitly: no argument recorded beyond proceeding on default judgment | Arboretum HOA: Lack of effective service and lack of notice warranted relief from judgment | Denial of relief was reversed along with the default judgment because lack of service rendered the judgment void for want of personal jurisdiction |
Key Cases Cited
- Akron-Canton Regional Airport Auth. v. Swinehart, 62 Ohio St.2d 403 (1980) (due-process requires service reasonably calculated to notify interested parties)
- Gaston v. Medina Cty. Bd. of Revision, 133 Ohio St.3d 18 (2012) (presumption of proper service may be rebutted by evidence defendant did not receive process)