Nob Hill E. Condominium Assn. v. Grundstein
2011 Ohio 2552
Ohio Ct. App.2011Background
- Nob Hill East Condominium Association sued Grundstein for assessments; the association obtained judgment on its complaint and on Grundstein's counterclaims.
- Grundstein was declared a vexatious litigator; this court allowed his appeal under conditions to comply with rules.
- Grundstein designated the appeal for accelerated calendar and filed an appellate brief with extensive assignments and a reply brief;
- The appellate court noted Grundstein largely failed to comply with App.R. 16 and related briefing requirements.
- The court proceeded under App.R. 11.1(E)/Loc.App.R. 11.1 to resolve the appeal on an accelerated basis and to issue a judgment entry rather than a full opinion.
- All of Grundstein's assignments of error were found meritless; the municipal court's orders were affirmed and costs were taxed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Grundstein's broad assignments preserved and meritorious under App.R. 11.1 and 16? | Grundstein complied minimally; insufficient merit. | App.R. 16 requirements violated by appellee’s briefing; issues should be considered. | Assignments deemed meritless; overruled. |
| Do the challenged assignments attack the municipal court’s jurisdiction or its reconsideration of dismissals? | Authority supports reconsideration of dismissals. | Jurisdiction and reconsideration claims fail. | Overruled; jurisdiction challenged but upheld by authority. |
| Should the fourth and fifth assignments be addressed given noncompliance with briefing rules? | Assignments preserved and arguable. | Noncompliance precludes consideration. | Not addressed due to App.R. 16(A)(7) noncompliance. |
| Were the sixth and seventh assignments properly rejected for lack of evidence supporting Civ.R. 60(B) relief? | Relief justified with supporting evidence. | Evidence missing; relief denied. | Overruled due to lack of supporting evidence in the record. |
Key Cases Cited
- Schmidt v. Bankers Title & Escrow Agency, Inc., 2007-Ohio-3924 (Ohio App. 8th Dist. 2007) (trial court discretion on reconsideration under accelerated calendar)
- Lewallen v. Mentor Lagoons, Inc., 85 Ohio App.3d 91 (Ohio App.3d 1993) (lack of jurisdiction or authority defenses considered on appeal)
- Rodriguez v. Rodriguez, 2009-Ohio-3456 (Ohio App. 8th Dist. 2009) (appellate duty to avoid searching the record for appellant’s arguments)
- Barry v. Rolfe, 2008-Ohio-3131 (Ohio App. 8th Dist. 2008) (appellate briefing and argument standards guidance)
- McKean v. Howell, 2003-Ohio-353 (Stark App. 2003) (evidence requirement for Civ.R. 60(B) motions)