U.S. Bank, N.A. v. Clovesko

Citations

• 2023 Ohio 4207

Syllabus

Foreclosure motion for stay and sanctions motion for postjudgment discovery motion for leave to file reply brief moot R.C. 2325.51 abuse of discretion new argument on appeal App.R. 16. Appellant filed motions for stay, sanctions, postjudgment discovery, and leave to file a reply brief after the trial court granted the appellee a foreclosure. Subsequent to filing this appeal, the trial court granted a renewed motion for stay and appellant redeemed his home. Accordingly, the trial court's initial denial of the motion to stay is rendered moot. Further, we find that the trial court did not abuse its discretion by denying the remaining motions at issue. In support of his position that the court erred in denying his motion for sanctions, appellant raised a new argument on appeal that he did not raise with the trial court. As such, we decline to review the merits of those arguments. Additionally, appellant did not argue on appeal how the trial court abused its discretion in denying his motion for postjudgment discovery in violation of App.R. 16. Finally, while appellant's assignment of error references the motion to file a reply brief, appellant does not reference this motion in his brief or make an argument regarding the alleged error of the trial court's denial. Appellant's assignment of error is overruled. Judgment affirmed.