2021 Ohio 2985
Ohio Ct. App.2021Background
- In April 2020 Betty Teeters contracted with Randy Jeffries (doing business as Clear Mountain Building Solutions, LLC) to repair storm damage to her home and later sued in small claims for $4,832.54 alleging theft related to insurance proceeds.
- Teeters served the complaint by certified mail to "Randy Jeffries DBA Clear Mountain Building, Inc." at 4208 Anderson State Road; the signed return receipt was filed but the recipient name was illegible.
- Jeffries did not answer or appear at the magistrate hearing; the magistrate entered default judgment for Teeters on August 25, 2020.
- Jeffries then submitted a handwritten letter objecting and later, through counsel, moved for relief from judgment arguing the wrong corporate entity was named and the statutory agent for the corporation was not served (so service was defective and the court lacked personal jurisdiction).
- At a hearing Jeffries produced Ohio Secretary of State filings showing formation paperwork with conflicting effective dates and acknowledged the corporation’s statutory agent had a Cincinnati address; the magistrate denied relief and the trial court adopted that decision.
- On appeal the Twelfth District affirmed, holding Jeffries waived any defects in service by failing to timely raise them and abandoning his objections.
Issues
| Issue | Plaintiff's Argument (Teeters) | Defendant's Argument (Jeffries) | Held |
|---|---|---|---|
| Whether the default judgment is invalid for lack of personal jurisdiction because service was improper | Service was effectuated by certified mail to 4208 Anderson St. and judgment is valid | Complaint misnamed the defendant (a corporation that allegedly did not exist or was not properly served); statutory agent was not served, so no personal jurisdiction | Court held Jeffries waived any service/personal-jurisdiction defect by failing to timely raise it; judgment affirmed |
| Whether relief from judgment should be granted (Civ.R. 60(B) / common-law vacatur) | Judgment should stand; no basis for vacatur | Sought relief under Civ.R. 60(B)(1) and (5) and argued judgment was void for lack of jurisdiction | Court treated the issue as a common-law motion to vacate and denied relief as an abuse-of-discretion review; waiver of defense dispositive |
Key Cases Cited
- Maryhew v. Yova, 11 Ohio St.3d 154 (establishes methods courts acquire personal jurisdiction and necessity of jurisdiction for valid judgment)
- Peoples Banking Co. v. Brumfield Hay & Grain Co., 172 Ohio St. 545 (a judgment rendered without personal jurisdiction is void)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse-of-discretion standard for appellate review)
- Gliozzo v. Univ. Urologists of Cleveland, Inc., 114 Ohio St.3d 141 (a party who voluntarily submits to jurisdiction may waive defects in service)
- State ex rel. Skyway Invest. Corp. v. Ashtabula Cty. Court of Common Pleas, 130 Ohio St.3d 220 (failure to challenge personal jurisdiction at first opportunity can constitute waiver)
- Merchants Bank & Trust Co. v. Five Star Fin. Corp., 195 Ohio App.3d 42 (discusses waiver of jurisdictional defects by appearance)
- McBride v. Coble Express, 92 Ohio App.3d 505 (same: objections to personal jurisdiction are waived if not raised at first appearance)