Manville v. Hazen

Citations

• 2019 Ohio 1133

Syllabus

In forma pauperis motion abuse of discretion R.C. 2323.31 — court filing fees Civ.R. 55 — motion for default judgment Civ.R. 12(A)(1) — service of answer Civ.R. 33(A)(2) — discovery requests Civ.R. 56 — summary judgment res judicata. Appellant was shown to have filed numerous civil cases, motions, and notices in prior cases as well as in this current case. It was not an abuse of discretion where the trial court denied appellant's motion to proceed in forma pauperis. Where the trial court granted leave to appellee to file her answer outside of the prescribed 28 days, denial of appellant's motion for default judgment was proper. Appellant failed to show that he was prejudiced where he was not transported to attend a scheduled final pretrial. The trial court granted appellee summary judgment prior to the scheduled final pretrial therefore no final pretrial was held. Appellant's motions for discovery filed prior to commencement of the action due to failure of service were properly denied there was no prejudice to appellant on his subsequent motions for discovery where summary judgment was granted on res judicata. Appellant was considered a creditor in appellee's bankruptcy case appellant's claims should have been presented in appellee's bankruptcy proceedings. Appellant's claims are therefore barred by the doctrine of res judicata, and the trial court did not err in granting appellee's motion for summary judgment.