2012 Ohio 3782
Ohio Ct. App.2012Background
- Wells Fargo Bank, N.A. filed foreclosure against John and Lori Deel in Summit County, Ohio on December 9, 2010.
- The Deels did not respond; Wells Fargo obtained a default judgment and decree in foreclosure on March 4, 2011.
- The Deels moved to vacate the default under Civ.R. 60(B) on March 31, 2011; appellate proceedings were stayed during remand.
- The Deels filed a notice of appeal from the March 4 judgment on April 4, 2011; the Court remanded for Civ.R. 60(B) consideration and later denied a motion to supplement the record.
- Wells Fargo opposed the Deels’ motion to supplement, and the appellate court denied supplementation as not part of the current appeal.
- The trial court denied the Civ.R. 60(B) motion; the Deels did not timely appeal that denial; the appellate court affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the Civ.R. 60(B) motion was reviewable during remand | Deels: denial occurred during remand; review is proper. | Wells Fargo: issue outside appellate scope; no jurisdiction. | Issue outside proper scope; affirmed lack of jurisdiction. |
| Whether a hearing was required before default judgment under Civ.R. 55(A) given appearance | Deels: appearance triggered seven-day notice for a hearing. | Wells Fargo: no abuse; no required hearing when appearance is insufficient. | No error; default judgment proper; assignment overruled. |
Key Cases Cited
- Ohio Valley Radiology Assoc., Inc. v. Ohio Valley Hosp. Assn., 28 Ohio St.3d 118 (1986) (default notice requirements when party has appeared)
- Reese v. Proppe, 3 Ohio App.3d 103 (1981) (default arises when defendant fails to contest allegations)
- Neighbor v. Jones, 9th Dist. No. 25050 (2010-Ohio-3003) (evidence considered must be before court at time of ruling)