2013 Ohio 644
Ohio Ct. App.2013Background
- Wells Fargo filed a foreclosure complaint against Thompson on March 6, 2012.
- Wells Fargo moved for default judgment on April 19, 2012, supported by an affidavit.
- Thompson filed a Motion to File Answer Instanter and Opposition May 21, 2012, claiming Ohio counsel obtained May 18, 2012.
- The trial court granted Wells Fargo’s default judgment on May 23, 2012; Thompson’s motion was not mentioned in the entry.
- Thompson argued Civ.R.55 required an oral hearing after appearance prior to default judgment.
- The appellate court affirmed, concluding no abuse of discretion and that notice and record supported the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the default judgment was an abuse of discretion. | Thompson appeared; the court could grant default under Civ.R.55 with proper notice. | Thompson was entitled to a hearing after appearance under Civ.R.55 before default. | No abuse; discretion to decide without mandatory oral hearing. |
| Whether Thompson had proper notice and due process before default judgment. | Wells Fargo served the motion and Thompson had notice by title that there was a default motion. | Civ.R.55 requires seven days’ notice; Thompson asserts inadequate notice. | Notice was adequate; court relied on uncontradicted affidavits and totality of circumstances. |
Key Cases Cited
- Bank of New York Mellon v. Watkins, 2012-Ohio-4410 (2012) (Civ.R.55 discretionary for hearing; not mandatory)
- Fitworks Holding, LLC v. Sciranko, 2008-Ohio-4861 (2008) (abuse of discretion standard for default judgments)
- Discover Bank v. Hicks, 2007-Ohio-4448 (2007) (abuse of discretion standard; Civ.R.55 considerations)
- Buckeye Supply Co. v. Northeast Drilling Co., 24 Ohio App.3d 134 (1985) (Civ.R.55 hearing discretion; non-oral rulings possible)
- Bizjak v. Bizjak, 2005-Ohio-7047 (2005) (motion practice and default judgment considerations)