Hamilton Cty. Treasurer v. Guinn

Citations

• 2023 Ohio 4812

Syllabus

FORECLOSURE – PROCEDURE/RULES – SUMMARY JUDGMENT: The trial court did not err in denying defendant's motion to dismiss for lack of subject-matter jurisdiction because the court of common pleas is a court of general jurisdiction, with subject-matter jurisdiction that extends to all matters that are not denied to it, which includes actions in foreclosure. The trial court did not err in denying defendant's Civ.R. 12(B)(6) motion to dismiss when the complaint alleged that defendant was the owner of the property, described the property, alleged that the property taxes were delinquent, and defendant was in default for failing to pay them. The trial court did not err in denying defendant's motion to dismiss for lack of service because defendant's \sovereign citizen\ arguments were frivolous, and because defendant made an appearance in the case. The trial court did not err in denying the defendant's motion to dismiss for lack of service because the treasurer initiated the foreclosure action under R.C. 5721.18, which is an in rem proceeding. The trial court did not abuse its discretion in denying defendant's motion to strike all proceedings because defendant did not consent to the matter being overseen by a magistrate where Civ.R. 53(D)(1) allows a trial court to refer a case or category of cases to a magistrate by a specific or general order of reference. The trial court did not err in granting plaintiff's motion for summary judgment where plaintiff treasurer met her burden to show that the taxes were delinquent and unpaid and that she was entitled to a judgment of foreclosure, and where defendant did not meet his reciprocal burden to set forth specific evidentiary facts showing the existence of a genuine issue of material fact for trial.