Stiles v. Hayes
2015 Ohio 4141
Ohio Ct. App.2015Background
- Stiles filed May 20, 2013 seeking temporary custody of Hayes's three children (his daughter and two half-siblings) with Gordon seeking temporary custody of his son; Hayes is mother of all three, Gordon father of one.
- Service attempts: summons to Grove City address sent by certified mail; mail unclaimed and later reissued by ordinary mail; ordinary-mail notice not shown as undelivered.
- Gordon also filed June 17, 2013 for temporary custody of his son; Stiles did not object and temporary custody orders were issued.
- July 24, 2013 the court granted Stiles temporary custody of his daughter and one half-sibling and Gordon temporary custody of his son; Hayes did not appear at the July 18 pretrial hearing.
- February 2014 the court granted legal custody to Stiles and Gordon; notices were sent by ordinary mail to the Grove City address and not shown as undelivered.
- December 2014 Hayes, represented by counsel, moved to vacate the judgments claiming lack of notice; trial court denied without an evidentiary hearing; Hayes had previously appeared pro se and did not raise lack of personal jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court lacked personal jurisdiction over Hayes due to service issues | Hayes argues service was defective and jurisdiction void | Hayes contends lack of notice invalidates orders | Hayes waived personal-jurisdiction defense by appearing and not timely raising it |
| Whether the motion to vacate should have been granted only with an evidentiary hearing | Hayes seeks vacatur for lack of notice | Failure to raise jurisdiction defense baring reversal; hearing not required | No reversible error; waiver precludes need for an evidentiary hearing |
Key Cases Cited
- Beachler v. Beachler, None (not an official reporter citation provided) (Ohio appellate (2007)) (waiver of defenses when defendant appears without timely objection)
- Gliozzo v. Univ. Urologists of Cleveland, Inc., 114 Ohio St.3d 141 (2007) (personal-jurisdiction defenses may be waived by appearance)
- U.S. Bank Natl. Assn. v. Golf Course Mgt., Inc., 2009-Ohio-2807 (Ohio) (waiver of defenses when appearance occurs without timely objection)
- Jones v. Nichols, 2012-Ohio-4344 (Ohio) (pro se held to same standards as counsel; must follow procedural rules)
- State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 123 Ohio St.3d 124 (2009) (pro se litigants bound by correct legal procedures)