Pflanz v. Sinclair

Citations

• 2018 Ohio 734

Syllabus

COLLATERAL ESTOPPEL - FORECLOSURE - CIV.R. 60(A): Plaintiff's cause of action against a neighboring property owner based on a claimed easement was barred under the doctrine of collateral estoppel, because the same issue was actually and finally litigated against plaintiff in a foreclosure action involving the neighbor's property and the resolution of the issue was essential to the judgment that set forth the property interests that would survive the foreclosure and sale of the property. A foreclosure order, which determines the property interests of the parties before the foreclosure sale, cannot be indirectly attacked in the ancillary proceedings confirming the sale. Civ.R. 60(A) provides the trial court with authority to correct clerical mistakes in its judgment at any time, but it could not authorize the foreclosure court to substantively modify a previously issued final judgment setting forth the property interests of the parties surviving the foreclosure and sale of the property.