Mickey v. Rokakis
2012 Ohio 273
Ohio Ct. App.2012Background
- Mickey, pro se, appeals a dismissal of her civil action against Rokakis, the Board of Revision, and the Sheriff’s Department.
- Rokakis, as Cuyahoga County Treasurer, foreclosed Mickey’s property for delinquent taxes after a March 2011 hearing.
- A foreclosure judgment was entered in Rokakis’ favor for the county, and a sheriff’s sale of the property was ordered.
- After two sheriff’s sales produced no bids, the property was forfeited to the State for lack of a bid on July 18, 2011.
- Mickey did not appeal the foreclosure or forfeiture judgments but instead filed the instant collateral-action complaint seeking relief.
- The trial court granted the motion to dismiss for lack of subject matter jurisdiction and failure to state a claim; on appeal, the dismissal was affirmed.]
- Note: The court ultimately held that collateral attack on a final foreclosure judgment was improper absent lack of jurisdiction or fraud.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked subject matter jurisdiction | Mickey argues collateral attack is permissible | Rokakis et al. contend lack of jurisdiction | Yes; dismissal proper for lack of jurisdiction |
| Whether the complaint stated a claim upon which relief could be granted | Mickey contends merits challenge to foreclosure | Defendants argue merits challenges must be appealed directly | Yes; complaint failed to state a collateral-attack claim |
Key Cases Cited
- Ohio Pyro, Inc. v. Ohio Dept. of Commerce, 115 Ohio St.3d 375 (2007-Ohio-5024) (collateral attacks allowed only for lack of jurisdiction or fraud; final judgments generally cannot be collaterally attacked)
- Coe v. Erb, 59 Ohio St. 259 (1898) (collateral-attack limitations on judgments)
- Lewis v. Reed, 117 Ohio St. 152 (1927) (fraud exceptions to collateral attacks)
- Pratts v. Hurley, 102 Ohio St.3d 81 (2004) (collateral attack limited when judgments are not void or voidable)
- Southgate Dev. Corp. v. Columbia Gas Transm. Corp., 48 Ohio St.2d 211 (1976) (trial court may consider material outside pleadings on jurisdictional motion)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (2004) (de novo review of jurisdictional issues; judgments generally not subject to collateral attack)