U.S. Bank, N.A. v. Gullotta, 2011 Ohio 2235

Defendant Gullotta signed a note and mortgage securing $164,900 on June 18, 2003, later assigned to U.S. Bank.
Gullotta defaulted; Bank accelerated and brought successive foreclosure actions beginning in 2004.
Bank dismissed the first two lawsuits under Civ.R. 41(A); third action followed the two dismissals.
Bank filed a fourth action seeking the same principal amount and foreclosure after a Supreme Court reversal on res judicata in Gullotta.
Trial court granted Bank summary judgment; Gullotta countered with quiet title and frivolous filing-fee claims.
Ohio Supreme Court later held res judicata bars such a fourth action; current case involves quiet title and attorney fees only and a request to quiet title.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Civ.R. 41(A) two-dismissal rule bars Bank's fourth action.	Bank: rule precludes new action on same note/mortgage.	Gullotta: rule bars prior actions and extinguishes Bank's interest.	Yes; two-dismissal rule bars Bank's fourth action.
Whether res judicata extinguishes Bank’s right to pursue any claim on the note and mortgage.	Bank: claims arise from same note/mortgage; not barred by prior dismissals due to acceleration.	Gullotta: prior dismissals foreclose all claims.	Yes; res judicata barred Bank's claims.
Whether the mortgage is unenforceable due to res judicata.	Bank: mortgage remains as security.	Gullotta: mortgage unenforceable.	Mortgage unenforceable; quiet title favored.

U.S. National Bank Assn. v. Gullotta, 120 Ohio St.3d 399 (2008-Ohio-6268) (res judicata barred third foreclosure action; acceleration merged obligations)
Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (1987) (summary-judgment standard and evidentiary review)
Dresher v. Burt, 75 Ohio St.3d 280 (1996) (criteria for summary judgment; shifting burden)
Vahila v. Hall, 77 Ohio St.3d 421 (1997-Ohio-259) (burden-shifting in Civ.R. 56 motions)