Hamilton Cty. Treasurer v. GuinnHamilton Cty. Treasurer v. Guinn
Civil Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Affirmed
Date of Judgment Entry on Appeal: December 29, 2023
Mеlissa A. Powers, Hamilton County Prosecuting Attorney, and James S. Sayre, Assistant Prosecuting Attorney, for Plaintiff-Appellee,
Joseph Guinn, pro se.
{¶1} Defendant-appellant Joseph R. Guinn appeals the decision of the Hamilton County Court of Common Pleas granting summary judgment in favor of plaintiff-appellee Treasurer, Hamilton County, Ohio, (“the Treasurer“) on her complaint for foreclosure on Guinn‘s property due to unpaid taxes and ordering the sale of the property. We find no merit in Guinn‘s assignment of error, and we affirm the trial court‘s judgment.
{¶2} The record shows that on January 21, 2023, the Treasurer filed a complaint naming as defendants Guinn and Jane Doe, Guinn‘s unknown spouse, who was served by publication and never entered an appearance. The complaint alleged that the defеndants had failed to pay real estate taxes on a parcel of property owned by Guinn on 2596 Cornwall Drive, Cincinnati, Ohio. It asked the court to find that the Treasurer had a valid first lien on the property in the sum of $15,733.59, plus accrued taxes, penalties, interest and costs. It further asked the court to order a foreclosure and sale of the property.
{¶3} In response, Guinn filed three motions to dismiss. In the first motion, he argued that the trial court lacked subject-matter jurisdiction. In the second, he argued that thе complaint failed to state a claim upon which relief could be granted under
{¶4} He subsequently filed a “Mоtion to Strike All Proceedings,” in which he made sovereign-citizen type arguments. Relying on the Federal Rules of Civil Procedure, he contended that he had never consented to the referral of the case to a magistrate. The trial court denied thаt motion.
{¶6} Subsequently, a magistrate found that (1) the Treasurer had a valid first and best lien on the premises; (2) taxes and assеssments on the premises were delinquent and in default; and (3) the Treasurer was entitled to a judgment in the amount of $17,404.74 and to foreclose on the property. Guinn filed objections to the magistrate‘s decision. The trial court overruled his objections, adopted the magistrate‘s decision, and entered judgment against Guinn in the amount of $17,404.74. This appeal followed.
{¶7} In his sole assignment of error, Guinn contends that the trial court erred in failing to grant his motions to dismiss and to strike the complaint. He argues that the trial court failеd to follow the law, failed to allow him to present evidence, and violated his rights under Ohio statutes, the United States Constitution, and federal statutes. This assignment of error is not well taken.
Motions to Dismiss
{¶8} As to his motions to dismiss, Guinn failed to object to the magistrate‘s decisions denying those motions.
{¶9} Because Guinn failed to object to the magistrate‘s decision, he has forfeited all but a claim of plain error on apрeal. Id. at ¶ 29; Neu v. Neu, 1st Dist. Hamilton No. C-140170, 2015-Ohio-1466, ¶ 22. “In appeals of civil cases, the plain error doctrine is not favored and may be only applied in the extremely rare case involving exceptional circumstances where error * * * seriously affects the basic fairness, intеgrity, or public reputation of the judicial process * * *.” Goldfuss v. Davidson, 79 Ohio St.3d 116, 679 N.E.2d 1099 (1997), syllabus. Plain error does not exist unless it can be said that but for the error, the outcome of the proceedings would clearly have been otherwise. In re E.H., 2023-Ohio-470, 208 N.E.3d 1059, ¶ 11 (1st Dist.).
{¶10} In his first motion to dismiss, Guinn contended that the trial court lacked subject-matter jurisdiction. We review a challenge to the court‘s jurisdiction de novo. Cirino v. Ohio Bur. of Workers’ Comp., 153 Ohio St.3d 333, 2018-Ohio-2665, 106 N.E.3d 41, ¶ 17; Harmon v. Cincinnati, 2023-Ohio-788, 210 N.E.3d 1011, ¶ 15 (1st Dist.).
{¶11} In his second motion to dismiss, Guinn argued that the complaint failed to state a claim upon which relief could be granted. A
{¶12} Taking the allegations of the complaint as true, it alleges sufficient facts to state a claim upon which relief could be granted. The complaint alleges that Guinn is the owner of the property and describes the property in detail. It further alleges the property taxes are delinquent and Guinn is in default for failure to pay those taxes and sets forth the amount of the delinquency. Consequently, the allegations in the complaint are sufficient to set forth a cause of action in foreclosure to survive a
{¶13} In his third motion to dismiss, Guinn contended that “the defendant is a corporation organized under the laws of Ohio and was not and is not subject to service of process” and that he was never properly served. To the extent that his motion reliеs on “sovereign citizen” type arguments, it is wholly frivolous. See Capital One (U.S.A.), N.A. v. McCladdie, 8th Dist. Cuyahoga No. 111289, 2022-Ohio-4082, ¶ 15;
{¶14} The complaint was served by certified mail on January 24, 2022. On February 17, 2022, Guinn filed his first motion to dismiss arguing that the trial court lacked subject-matter jurisdiction. On February 18, the certified mail was returned stating, “Return to sender no one lives here by that name.” On March 16, 2022, he filed his
{¶15} A trial court cannot render a judgment against a defendant over whom it has no personal jurisdiction. Midland Funding, LLC v. Cherrier, 8th Dist. Cuyahoga No. 108595, 2020-Ohio-3280, ¶ 9. A court does not acquire personal jurisdiction over a defendant “unless and until the defendant is prоperly served with the complaint or the defendant makes an appearance in the case.” Id. at ¶ 10, citing State ex rel. Ballard v. O‘Donnell, 50 Ohio St.3d 182, 553 N.E.2d 650 (1990), syllabus; Aultman v. Parker, 1st Dist. Hamilton No. C-170683, 2018-Ohio-4583, ¶ 8. Here, Guinn has made an appearance.
{¶16} Further,
{¶17}
A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, or insufficiency of service of process is waived (a) if omitted from a motion in the circumstances described in (G), or (b) is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof permitted by
Civ.R. 15(A) to be made as a matter of course.
{¶18} Thus, a defendant “must raise a challenge to the trial court‘s personal jurisdiction over him at the earliest opportunity; otherwise, he risks a finding that he waived any defects in service, allowing a court to enter a valid personal judgment against him.” Pioneer Automotive, LLC v. Village Gate, LLC, 1st Dist. Hamilton No. C-210205, 2022-Ohio-1247, ¶ 9, quoting Teeters v. Jeffries, 12th Dist. Clermont No. CA2021-02-007, 2021-Ohio-2985, ¶ 18. Because Guinn did not raise the issue of lack of service at his earliest opportunity, he has waived any defects in service.
{¶19} Finally, the Treasurer initiated the foreclosure action under
Motions to Strike
{¶21} As to Guinn‘s motions to strike,
{¶22} Guinn filed numerous motions to strike various pleadings and motions. The primary motion was a motion to strike all proceedings. The basis for that motion was that hе had not consented to the matter being overseen by a magistrate. He cited various federal statutes and the Federal Rules of Civil Procedure, none of which were binding on the trial court.
{¶23}
Motion for Summary Judgment
{¶24} Finally, the trial court‘s decision to grаnt the Treasurer‘s motion for summary judgment was proper. An appellate court reviews a trial court‘s ruling on a motion for summary judgment de novo. Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105, 671 N.E.2d 241 (1996); Maas v. Maas, 2020-Ohio-5160, 161 N.E.3d 863, ¶ 13 (1st Dist.). Summary judgment is appropriate if (1) no genuine issue of material fact exists for trial, (2) the moving party is entitled to judgmеnt as a matter of law, and (3) reasonable minds can come to but one conclusion and that conclusion is adverse to the nonmoving party, who is entitled to have the evidence construed most strongly in his or her favor. Temple v. Wean United, Inc., 50 Ohio St.2d 317, 327, 364 N.E.2d 267 (1977); Maas at ¶ 13.
{¶25} The Treasurer brought this action under
permanent parcel number of each parcel included in it, the full street address of the parcel when available, a description of the parcel as set forth in the certificate or master list, the name and address of the last known owner of the parcel if they appear on the general tax list, the name аnd address of each lienholder and other person with an interest in the parcel identified in the title search relating to the parcel that is
required by this division, and the amount of taxes, assessments, charges, penalties, and interest due and unpaid with resрect to the parcel.
{¶26} The Treasurer‘s complaint complied with the requirements of the statute. Her motion for summary judgment was accompanied by Gabbard‘s affidavit, in which she testified that the true and accurate calculаtion of the delinquent taxes on the property was $17,404.74. Consequently, the Treasurer met her initial burden of informing the court of the basis for her motion and demonstrating the absence of any genuine issue of material fact. See Dresher v. Burt, 75 Ohio St.3d 280, 282-293, 662 N.E.2d 264 (1996); Maas, 2020-Ohio-5160, 161 N.E.3d 863, at ¶ 14.
{¶27} Guinn failed to meet his reciprоcal burden to set forth specific evidentiary facts showing the existence of a genuine issue of material fact for trial. See Dresher at 293; Maas at ¶ 14. Guinn‘s response to the motion for summary judgment contained unsupported allegations of fraud, citations to irrelevant federal cases and statutes, and frivolous sovereign-citizen arguments. Therefore, the trial court did not err in granting the Treasurer‘s motion for summary judgment. We overrule Guinn‘s assignment of error and affirm the trial court‘s judgment.
Judgment affirmed.
CROUSE, P.J., and KINSLEY, J., concur.
Please note: The court has recorded its own entry this date.