Huntington Natl. Bank v. Greer
2015 Ohio 3403
Ohio Ct. App.2015Background
- Huntington filed suit (money and foreclosure) alleging Greer defaulted on a promissory note and breached a prior settlement agreement in a prior foreclosure action.
- Greer answered, later amended to add a counterclaim alleging Huntington breached the prior settlement agreement.
- A magistrate issued a decision finding Huntington breached the settlement and recommending judgment for Greer on Huntington’s claims and on Greer’s breach counterclaim.
- The trial court reviewed objections but entered only an order scheduling an attorney-fee hearing and later awarded Greer $119,186.50 in fees; it did not enter a final judgment disposing of all claims.
- Both parties appealed; the court of appeals sua sponte considered whether the trial court’s entry was a final, appealable order.
Issues
| Issue | Plaintiff's Argument (Huntington) | Defendant's Argument (Greer) | Held |
|---|---|---|---|
| Whether trial court erred in finding Greer substantially performed under the settlement agreement | Trial court should have found Greer did not substantially perform, entitling Huntington to judgment for breach | Greer maintained he substantially performed and Huntington breached | Not reached on merits — appeal dismissed for lack of final appealable order |
| Whether Huntington breached the settlement agreement | Huntington argued it did not breach | Greer argued Huntington breached the agreement | Not reached on merits — appeal dismissed for lack of final appealable order |
| Whether the court erred in awarding attorney fees to Greer | Huntington argued settlement did not provide for fees so award was improper | Greer sought fees and received a post-entry award | Not reached on merits; fee hearing occurred, fees awarded, but overall appeal dismissed for lack of final order |
| Whether Greer was entitled to lost profits from foreclosure filing | Huntington contested the award of lost profits | Greer claimed lost profits with reasonable certainty | Not reached on merits — cross-appeal dismissed for lack of final appealable order |
Key Cases Cited
- State ex rel. Keith v. McMonagle, 103 Ohio St.3d 430 (2004) (orders leaving issues unresolved and contemplating further action are not final appealable orders)