Quick v. Jenkins
2013 Ohio 4371
Ohio Ct. App.2013Background
- Plaintiffs own land in Columbiana County; mineral interests were severed prior to their ownership.
- Plaintiffs discovered a cloud on their title after signing an oil and gas lease with Chesapeake Appalachia LLC.
- Plaintiffs attempted to reattach mineral interests under the Ohio Dormant Mineral Act and published notice as required.
- Parr affidavit listed Willow Point Corporation, Remora LLC, and appellant, with a 1200 Belford Avenue, Oklahoma City, address, in July 2011.
- Appellees filed a quiet title action in April 2012; summons were sent to the Belford Avenue address and accepted by Penney LaZaroff.
- Default judgment was entered against appellant in June 2012 after he failed to appear or answer; appellant moved to vacate in October 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was service of process valid to confer personal jurisdiction? | Appellees served at 1200 Belford Ave., signed for by LaZaroff, creating prima facie proper service. | Appellant was not actually served; addresses and affiliations show no authorization to accept service; nonservice invalidates jurisdiction. | No abuse of discretion; service reasonably calculated to reach appellant; presumption of validity stands. |
| If service valid, does Civ.R. 60(B) excusable neglect justify vacating the default judgment? | Appellant waived any excusable neglect defense by not pursuing it in the trial court; arguments waived on appeal. | If service was proper, Civ.R. 60(B) allows relief for excusable neglect/modal defense could apply. | Waived; even if considered, excusable neglect argument rejected for lack of trial-court consideration. |
Key Cases Cited
- State ex rel. Ballard v. O'Donnell, 50 Ohio St.3d 182 (1990) (lack of service deprives court of jurisdiction; void ab initio)
- Draghin v. Issa, 2013-Ohio-1898 (2013) (service must be reasonably calculated to reach interested parties)
- Akron-Canton Regional Airport Auth. v. Swinehart, 62 Ohio St.2d 403 (1980) (notice and fairness considerations in service of process)
- Patton v. Diemer, 35 Ohio St.3d 68 (1988) (trial court may vacate void judgment; personal jurisdiction concerns)
- Ross v. Olsavsky, 2010-Ohio-1310 (2010) (nonservice can require vacating a judgment)
- Summit at St. Andrews Home Owners Assn. v. Kollar, 2012-Ohio-1696 (2012) (abuse-of-discretion standard in vacating judgments)
- Preferred Capital, Inc. v. Power Eng'g Grp., Inc., 2007-Ohio-257 (2007) (waiver and consideration of Civ.R. 60(B) grounds)