Middleton v. Luna's Restaurant & Deli, L.L.C., 2012 Ohio 348

Original personal injury complaint filed September 7, 2010; default judgment granted October 15, 2010 as to liability only.
Magistrate entered judgment October 29, 2010 for Middleton in the amount of $242,240.49 plus costs.
Defendant-appellant Tabbaa appeared November 10, 2010; objected to magistrate’s October 29 decision on November 15, 2010.
Appellant moved December 21, 2010 to vacate the default judgment and to file an answer instanter; court denied.
Appellant filed a notice of appeal January 7, 2011; stay motions denied; Middleton began execution proceedings.
This Court previously affirmed the trial court’s judgment in Middleton v. Luna’s Restaurant & Deli, LLC, 2011-Ohio-4388 (First appeal).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can the trial court proceed after notice of appeal?	Middleton	Tabbaa	Court lacks jurisdiction to proceed on new actions related to appeal.
Was the motion for relief from judgment properly actionable	Middleton	Tabbaa	Ruling void for lack of jurisdiction to hear relief from judgment.
Did trial court abuse discretion on supplemental pleadings	Middleton	Tabbaa	Yes; court abused discretion by treating supplemental pleadings improperly.
Did default judgment against Tabbaa stand on an improper party	Middleton	Tabbaa	Undermined because Tabbaa was not properly named on the relevant pleading.

In re S. J., 106 Ohio St.3d 11, 829 N.E.2d 1207 (Ohio 2005) (trial court limited by appellate jurisdiction; collateral matters allowed)
Sparks v. Sparks, 2011-Ohio-5746 (Ohio 2011) (enforcement actions pending appeal subject to stay absent stay order)
Hummel v. Sadler, 2002-Ohio-3605 (Ohio 2002) (courts may handle collateral issues not affecting merits)
Rock v. School Emps. Ret. Bd., 2002-Ohio-3957 (Ohio 2002) (courts may not exceed jurisdiction; cannot undermine appellate review)
Middleton v. Luna's Restaurant & Deli, LLC, 2011-Ohio-4388 (Ohio 2011) (prior appellate decision affirming trial court judgment)