2012 Ohio 4932
Ohio Ct. App.2012Background
- Garfield Hope filed a motion for appointment of a receiver in consolidated foreclosure actions involving Bridgeview Crossing, LLC and related properties.
- Bridgeview opposed the receivership motion but did so late, filing on July 14, 2011 without leave from the trial court.
- The trial court did not rule on Bridgeview’s late opposition; Garfield Hope filed a proposed receivership order on September 29, 2011 and a revised order on October 10, 2011, both unopposed.
- On October 20, 2011, the trial court granted the receivership order.
- Bridgeview did not timely object to the motion or to the proposed orders, and did not obtain leave to file a late opposition.
- The appellate court held Bridgeview waived its right to challenge the receivership on appeal due to failure to timely raise objections in the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of challenge to receivership due to untimely opposition | Bridgeview failed to timely oppose, waiving objection. | Bridgeview preserved challenges by timely opposition; error if waived. | Waived; objections not timely raised. |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (waiver for failure to timely advise of error; appellate waiver doctrine)
- Miller v. Lint, 62 Ohio St.2d 209 (1980) (trial court discretionary rulings not reviewable when no excusable neglect shown)
- Ear v. Phnom Penh Restaurant Inc., 2007-Ohio-3069 (8th Dist.) (timeliness of pleadings; failure to seek leave to file late submission)
- Pinchak v. Prudhomme, 2010-Ohio-3879 (8th Dist.) (excusable neglect and filing responses; timely objections required)
- Hummer v. Hummer, 2011-Ohio-3767 (8th Dist.) (appeal on waived issues; failure to preserve error)