2012 Ohio 4608
Ohio Ct. App.2012Background
- Relators Caldwell mortgagors in a foreclosure action Deutsche Bank Natl. Co. v. Caldwell, assigned to Judge Eileen T. Gallagher.
- Relators seek a writ of mandamus against the judge and clerk to obtain a final, appealable order and Civ.R. 58(B) notice.
- This court previously dismissed an appeal in Deutsche Bank for lack of a final appealable order due to missing finality details.
- December 2, 2011 journal entry adopted the magistrate’s decision, granted summary and default judgments, issued a decree of foreclosure, and stated No just Reason for Delay.
- Caldwells argued the December 2 entry was not final and that they did not receive notice; clerk allegedly failed to issue Civ.R. 58(B) notice.
- The court denied mandamus relief, holding the journal controls and that failure to appeal forecloses relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the December 2, 2011 journal entry a final appealable order? | Caldwells contend entry is not final per Deutsche Bank. | Judge's journal entry reflects judgment and complies with the mandate. | Yes, it is a final appealable order. |
| Did Civ.R. 58(B) notice properly issue to the relators? | Caldwells did not receive notice and clerk failed Civ.R. 58(B). | Appearance docket shows notice; no proven Civ.R. 58(B) failure. | Not proven; no clear Civ.R. 58(B) failure. |
| Does relators’ failure to appeal the December 2 entry bar mandamus relief? | Relators could challenge finality via appeal. | Relators did not appeal; appellate remedy unavailable by mandamus. | Yes, failure to appeal bars relief. |
| Is mandamus relief proper given the record? | Relators seek to enforce a final order and notice. | Relators lack clear legal right or duty; relief denied. | Writ denied. |
Key Cases Cited
- Deutsche Bank Natl. Co. v. Caldwell, 196 Ohio App.3d 636 (8th Dist. 2011) (final order must specify parties for default and summary judgments and decree details)
- State ex rel. White v. Junkin, 80 Ohio St.3d 335 (1997) (dockets vs. journals; journals control and must be signed by judge)
- Cleveland v. Jovanovic, 153 Ohio App.3d 37 (8th Dist. 2003) (journal entries control; signed by judge; reflect judgment substance)
- Griesmer v. Allstate Ins. Co., 2009-Ohio-725 (8th Dist. No. 91194) (service of notice considerations in mandamus context)
- State ex rel. O’Malley v. Nicely, 2012-Ohio-4405 (8th Dist. No. 98368) (mandamus mootness when other court orders resolve action)