2020 Ohio 1057
Ohio2020Background
- In 2011 Keith Lenz sued Kerr Building, Inc.; after no answer the court entered default judgment and later amended the complaint to add Jeremy Kerr, entering joint-and-several judgment against Kerr Building and Kerr.
- In 2013 Lenz sued again alleging fraudulent transfer of real property to avoid attachment of the 2011 judgment; the trial court ruled for Lenz and enjoined transfers by Kerr and his entities.
- In 2019 Kerr filed a petition for a writ of prohibition in the Sixth District Court of Appeals seeking to vacate the judgments in the two civil cases, alleging multiple errors that rendered those judgments void.
- The court of appeals dismissed Kerr’s petition sua sponte; Kerr appealed to the Ohio Supreme Court as of right.
- Kerr had previously filed a mandamus action in this court in 2018 seeking relief from the same judgments; that action was dismissed and the dismissal operated as an adjudication on the merits under Civ.R. 41(B)(3).
- The Supreme Court held Kerr’s current claim is barred by res judicata because the prior adjudication on the merits precludes relitigation of claims arising from the same transaction or occurrence; the court affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kerr may obtain prohibition to vacate the two civil judgments | Kerr: the judgments are void due to multiple errors and should be vacated | Judge Kelsey/Wood County: Kerr already litigated relief from those judgments; prior dismissal bars relitigation | Court: barred by res judicata; prohibition denied |
| Whether prior dismissal in Kerr’s 2018 mandamus action operates as an adjudication on the merits | Kerr: prior dismissal should not preclude new relief here | Respondent: dismissal operated as adjudication on the merits under Civ.R. 41(B)(3) | Court: prior dismissal was an adjudication on the merits and therefore preclusive |
Key Cases Cited
- Grava v. Parkman Twp., 73 Ohio St.3d 379 (1995) (a valid, final judgment on the merits bars subsequent actions based on claims arising out of the same transaction or occurrence)