Baraona v. SMS Fin., L.L.C.

Citations

• 2025 Ohio 5627

Syllabus

Summary judgment; res judicata limits in garnishment; R.C. 2716.13(C); laches waived as unpled; corporate dissolution; R.C. 1701.88; chain of title; lis pendens; remand. Claim preclusion arising from a prior garnishment does not bar later challenges to judgment ownership or enforceability because garnishment is a limited statutory proceeding that precludes objections to the judgment. Laches was forfeited where not pleaded as an affirmative defense. Genuine issues of material fact remain regarding chain of title and whether post-dissolution actions fell within R.C. 1701.88's winding-up authority, rendering summary judgment improper on those issues and on tort claims dependent on ownership. Lis pendens renders mid-litigation transfers subject to the case outcome rather than void. Judgment affirmed in part, reversed in part, and remanded with instructions.