Kowalski v. Smith
2011 Ohio 2709
Ohio Ct. App.2011Background
- Kowalskis sued Smith for alleged fraud regarding basement sealing during house sale.
- During suit, Deutsche Bank foreclosed on Kowalskis’ home; cases were consolidated.
- Trial court dismissed Deutsche Bank’s foreclosure with prejudice and ruled for Kowalskis against Smith.
- Smith appealed the judgment; Deutsche Bank later moved for relief from judgment under Civ.R. 60(B).
- Trial court granted the Civ.R.60(B) relief motion; Kowalskis appealed the ruling in this court.
- This court vacates the trial court’s ruling, holding the trial court lacked jurisdiction while an appeal was pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to rule on Civ.R.60(B) while an appeal was pending | Kowalskis contend court lost jurisdiction when appeal existed | Smith/Deutsche Bank argue court could grant relief below while appeal pending | Trial court lacked jurisdiction; ruling vacated |
| Effect of lack of jurisdiction on the 60(B) relief order | Relief order void due to lack of jurisdiction | Relief order should stand if properly supported | Order will be vacated and remanded for proceedings consistent with decision |
Key Cases Cited
- In re S.J., 106 Ohio St.3d 11 (2005-Ohio-3215) (appeal divests trial court of jurisdiction except actions aiding appeal)
- State ex rel. Electronic Classroom of Tomorrow v. Cuyahoga County Court of Common Pleas, Ohio St.3d (2011-Ohio-626) (limits trial court jurisdiction during appellate review)
- Howard v. Catholic Soc. Serv. of Cuyahoga County Inc., 70 Ohio St.3d 141 (1994) (appeal divests trial courts of jurisdiction to entertain Civ.R.60(B) motions)
- Ormandy v. Dudzinski, 2010-Ohio-2017 (9th Dist. No. 09CA009713) (remand required when improper Civ.R.60(B) ruling occurred during appeal)