Jordan v. Trulight Church of God
2021 Ohio 2507
Ohio Ct. App.2021Background
- Appellant Annie Jordan, proceeding pro se, sued several churches and Tyler Perry Studios, LLC (TPS), alleging human trafficking, rape, and vague claims of stolen music/patents/royalty use; she sought large monetary relief.
- The trial court denied appellant's early motion for default and ordered her to file an amended complaint within 21 days to adequately state claims; she did not file an amended complaint and instead filed a "motion for relief" reiterating damages requests.
- TPS moved to dismiss under Civ.R. 12(B)(2) (lack of personal jurisdiction) and 12(B)(6) (failure to state a claim); appellant did not respond to TPS's motion.
- The trial court denied appellant's September motion, granted TPS's motion to dismiss, and dismissed the complaint without prejudice as to all defendants for failure to prosecute per the August 26 order.
- Appellant appealed pro se; the appellate court affirmed, concluding appellant's brief lacked assignments of error and that the trial court lacked personal jurisdiction over TPS because the complaint contained no factual allegations connecting TPS to Ohio.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over TPS | Jordan named TPS as a defendant; impliedly seeks relief from TPS | TPS: no Ohio contacts or presence; complaint contains no factual allegations tying TPS to Ohio | Court: No personal jurisdiction; dismissal of TPS under Civ.R. 12(B)(2) proper |
| Failure to state a claim against TPS | Complaint alleged theft of music/patents/royalties and other vague claims | TPS: complaint lacks factual allegations to state any viable claim against TPS | Court: Complaint failed to state a claim as to TPS; dismissal under Civ.R. 12(B)(6) appropriate |
| Failure to prosecute / comply with court order | Jordan did not file the ordered amended complaint; filed a motion instead | Courts: noncompliance justified dismissal without prejudice for failure to prosecute | Court: Dismissal without prejudice for failure to prosecute affirmed |
| Appellate briefing deficiencies | Jordan appealed pro se but provided no assignments of error | Appellate court: briefs must comply with App.R. 16; assignments of error are required | Court: Brief deficient; appellate review may be limited; judgment affirmed on jurisdictional and procedural grounds |
Key Cases Cited
- In re Application of Black Fork Wind Energy, LLC, 138 Ohio St.3d 43 (2013) (pro se litigants are held to same procedural and substantive standards as represented parties)
- State ex rel. Fuller v. Mengel, 100 Ohio St.3d 352 (2003) (same principle that pro se parties are not entitled to special treatment)
- Kauffman Racing Equip., LLC v. Roberts, 126 Ohio St.3d 81 (2010) (standards for exercising personal jurisdiction under Ohio long-arm statute and due process)