Am. Express Natl. Bank v. Jenkins

Citations

• 2026 Ohio 774

Syllabus

Trial court did not abuse its discretion in denying Civ.R. 60(B) relief on standing grounds where original credit-card issuer demonstrated standing at filing and defendant-debtor's standing challenge constituted an improper collateral attack on the judgment rather than a timely direct appeal. Claim of nonservice of summary-judgment motion was waived where defendant raised the issue for the first time on appeal. Alleged due-process violations at garnishment hearing were not reviewable where no funds were recovered and the order did not affect a substantial right, rendering the issues moot. Challenges to the sufficiency of credit-card issuer's summary-judgment evidence cannot be raised through Civ.R. 60(B) where non-movant failed to timely appeal and failed to respond to the motion with controverting evidence. Trial court properly struck defendant's counterclaims where they were filed for the first time after final summary judgment had been entered and defendant never filed a responsive pleading. Alleged recordkeeping irregularities did not warrant relief where defendant failed to invoke App.R. 9(E) to correct the record and demonstrated no prejudice to substantial rights. Federal statutory claims were forfeited where defendant raised them only in post-judgment filings rather than in a timely responsive pleading, and neutral state procedural rules apply equally to federal claims.