Maxim Ents., Inc. v. Haley, 2018 Ohio 72

Countrywide contracted Maxim to inspect/maintain Ohio properties; Maxim subcontracted to vendors who claimed nonpayment and assigned claims to Stephen Haley.
Haley sued Maxim (tortious interference, conspiracy) and filed third-party complaints against Countrywide/Bank of America variants; a default judgment was entered against the named third-party "Bank of America f/k/a Countrywide Field Services Corporation."
BAC Field Services Corporation (BAC) later filed papers asserting it had been improperly named and sought relief; the trial court vacated the default judgment relying on BAC's filings and characterized the original named party as a "non-entity."
On prior appeal this court remanded because it could not determine whether the court relied on Civ.R. 60(B)/GTE standards or its inherent power to vacate a void judgment, and questioned how BAC could have "appeared" without moving to intervene under Civ.R. 24.
On remand the trial court again vacated the default judgment; Haley appealed, arguing BAC never properly intervened and thus its filings should be stricken.
The Ninth District held BAC never moved to intervene or complied with Civ.R. 24(C), struck BAC's filings, reversed the vacatur of the default judgment, and remanded for further proceedings; Haley’s other assignments (tradename and misnaming arguments) were not addressed.

Issue	Haley's Argument	BAC/Defendant's Argument	Held
Whether BAC could appear and have the court consider its pleadings without a motion to intervene under Civ.R. 24	BAC’s filings were invalid because BAC never moved to intervene; trial court erred in allowing them	The trial court vacated a void judgment using its inherent power, so BAC need not have formally intervened; any defect was harmless or the filings could be construed as intervention	Court held BAC did not comply with Civ.R. 24(C); its filings were not properly before the court, were stricken, and the vacatur of the default judgment was reversed
Whether the trial court correctly deemed the tradename "Bank of America" a non-entity and thus could not be sued (R.C. 1329.10(C) argument)	Haley: "Bank of America" is a tradename/useable defendant under Ohio statute; court erred calling it a non-entity	Trial court treated the named party as a non-entity in vacating the judgment	Not decided on appeal (court declined to address after sustaining assignment re: intervention)
Whether Haley named the wrong third-party (should have named BAC or Countrywide successor under R.C. 1701.82)	Haley: "Bank of America" was a permissible name following acquisition; court erred in concluding misnomer or wrong party	Trial court found the third-party designation incorrect and that the judgment was entered against a non-entity	Not decided on appeal (court declined to address after sustaining assignment re: intervention)

State ex rel. First New Shiloh Baptist Church v. Meagher, 82 Ohio St.3d 501 (1998) (factors for timeliness of a motion to intervene and standards for intervention)