In re Ball
2012 Ohio 2095
Ohio Ct. App.2012Background
- Respondent-appellant John Hill appeals pro se from a default judgment ordering forfeiture of $806 seized from him during a raid connected to Fernando Ball.
- The State of Ohio filed a forfeiture action against Ball, Hill, and others, asserting the currency and other sums were contraband or related to the underlying case.
- Hill was served by certified mail after initial service at a vacant address; a default judgment was entered against Hill for $890 (Hill’s portion plus Ball’s small sum).
- Hill later alleged he had never been properly served and disputed the authenticity of the signed certified-mail receipt.
- Civ.R. 55(A) provides default judgments may be entered when a party fails to plead or defend; Civ.R. 60(B) allows relief from a default judgment within applicable time limits.
- The trial court did not hold a damages hearing because the complaint and motion established the damages and their ascertainability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment was proper | Hill failed to plead or defend; default judgment appropriate | Hill was not properly served; judgment should be set aside | Default judgment affirmed; no abuse of discretion |
Key Cases Cited
- Huffer v. Cicero, 107 Ohio App.3d 65 (4th Dist.1995) (abuse-of-discretion review for default judgments)
- Wells Fargo Fin. Natl. Bank v. Douglas, 2011-Ohio-3739 (2d Dist. Montgomery) (default judgment standards cited)
- Nationwide Mut. Fire Ins. Co. v. Barrett, 2008-Ohio-6588 (7th Dist. Mahoning) (damages may be established without a hearing if ascertainable)
- Palisades Collections, L.L.C. v. Grieshop, 2007-Ohio-5766 (3d Dist. Auglaize) (establishing damages without a hearing when ascertainable)
- GTE Automatic Elec., Inc. v. ARC Industries, Inc., 47 Ohio St.2d 146 (1976) (requirements for relief under Civ.R. 60(B); time limits)