Background

• Roth faced a third-party claim for damages in a state environmental suit against 9150 Group and related entities for activities at a Macedonia, Ohio facility.
• The complaint alleged Roth, as director/officer of Aerosol Systems and Specialty Chemical Resources, directed hazardous-waste activities in Ohio.
• A consent order in 2010 settled the State’s claims against Appellees; a default judgment was entered against Roth and others in 2010–2011 based on an environmental consultant’s costs estimates.
• Roth, who had not resided in Ohio since 1984, moved to vacate the default judgment arguing lack of personal jurisdiction or Civ.R. 60(B) excusable neglect.
• The trial court denied the motion to vacate without a hearing; Roth appealed, challenging personal jurisdiction and the Civ.R. 60(B) ruling.
• The appellate court remanded for an evidentiary hearing on personal jurisdiction over Roth in his individual capacity and otherwise sustained the issue to that extent.

Issues

Key Cases Cited

• Maryhew v. Yova, 11 O.St.3d 154 (1984) (void judgment if no personal jurisdiction; challenge not waived when no appearance)
• Franklin v. Franklin, 5 Ohio App.3d 74 (1981) (when no appearance, lack of jurisdiction not waived by failure to object)
• Compuserve v. Trionfo, 91 Ohio App.3d 157 (1993) (common law motion to vacate void judgment; not Civ.R.60(B))
• Beachler v. Beachler, 10th Dist. No. CA2006-03-007 (2007) (Civ.R.60(B) relief not applicable to void judgments; must use inherent power)
• Thomas v. Fick, 2000 WL 727531 (2000) (void judgments vacated by inherent power, not Civ.R.60(B))
• Joffe v. Cable Tech, Inc., 163 Ohio App.3d 479 (2005) (prima facie standard for jurisdiction not adopted in void-judgment context)