2019 Ohio 1302
Ohio Ct. App.2019Background
- Sabino filed a small-claims suit purportedly as his mother Helen Erwin’s power of attorney, alleging Liberty unlawfully detained his mother and seeking $6,000. Liberty counterclaimed for unpaid nursing-home charges purportedly owed by Erwin, seeking about $13,731–$14,139.
- Liberty moved for summary judgment (SJ) on both Sabino’s claim (for lack of standing) and its counterclaim (for payment on account), submitting account statements, Financial Terms signed by Sabino, and an affidavit. Sabino did not appear at pretrial and did not respond to the SJ motion.
- The trial court granted SJ for Liberty on Sabino’s claim, finding no proof Sabino had authority as POA, and Sabino did not appeal that ruling.
- The trial court denied Liberty SJ on the counterclaim and either dismissed or entered judgment against Liberty on the merits—finding no evidence Sabino had “control of the assets of the resident” as required to reach Sabino personally. The court’s entry did not give prior notice of a sua sponte merits dismissal.
- Liberty appealed, arguing (1) the trial court improperly entered judgment or dismissed sua sponte without notice, and (2) the court erred in denying SJ on the counterclaim because Liberty established an account and Sabino’s contractual obligation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could sua sponte dismiss or grant judgment on Liberty’s counterclaim without notice | Sabino: no response; court found no proof of POA control and treated counterclaim as without merit | Liberty: dismissal or judgment on merits requires prior notice; sua sponte resolution without notice was improper | Court: Trial court erred—any merits disposition without notice was improper; reversal as to the counterclaim judgment/dismissal and remand ordered |
| Whether Liberty was entitled to summary judgment on its account counterclaim | Implicitly: Sabino disputed (by nonresponse and by trial-court finding) that he controlled assets; lacks standing to be charged personally | Liberty: produced signed financial terms and account statements showing Erwin’s indebtedness and Sabino’s contractual responsibility; SJ appropriate | Court: Liberty proved some indebtedness but failed to show (1) an itemized account (beginning balance, credits/debits, consistent totals) and (2) that Sabino controlled sufficient assets; SJ denied was proper |
Key Cases Cited
- Perotti v. Ferguson, 7 Ohio St.3d 1 (announcing requirement of prior notice before dismissal under Civ.R. 41(B)(1))
- Ohio Furniture Co. v. Mindala, 22 Ohio St.3d 99 (prior-notice requirement applies to dismissals with prejudice)
- Frano v. Red Robin Internatl., Inc., 181 Ohio App.3d 13 (summary judgment terminates litigation when nothing remains to try)
- Murphy v. Reynoldsburg, 65 Ohio St.3d 356 (summary judgment standards)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (summary judgment test articulated)
- Dresher v. Burt, 75 Ohio St.3d 280 (moving party’s initial burden and nonmoving party’s reciprocal burden in SJ context)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo appellate review of SJ)
- Hiram College v. Courtad, 162 Ohio App.3d 642 (elements required for action on an account)