[Cite as Bank of New York Trust Co., N.A. v. Caldwell, 2014-Ohio-935.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 100262
BANK OF NEW YORK TRUST CO., N.A.
PLAINTIFF-APPELLEE
vs.
ROBERT A. CALDWELL, ET AL.
DEFENDANTS-APPELLANTS
JUDGMENT:
AFFIRMED
Civil Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CV-12-789599
BEFORE: Stewart, J., Kilbane, P.J., and Blackmon, J.
RELEASED AND JOURNALIZED: March 13, 2014
FOR APPELLANTS
Robert A. Caldwell, pro se
Frances Caldwell, pro se
10618 Drexel Avenue
Cleveland, OH 44108
ATTORNEYS FOR APPELLEE
Bill L. Purtell
Ellen L. Fornash
Dustin K. Looser
Lerner, Sampson & Rothfuss
120 East Fourth Street, Suite 800
Cincinnati, OH 45202
MELODY J. STEWART, J.:
{¶1} This case came to be heard upon the accelerated calendar pursuant to App.R.
11.1 and Loc.R. 11.1. Plaintiff-appellee Bank of New York Trust Company, N.A.
brought this action against defendants-appellants Robert and Frances Caldwell seeking
judgment on a promissory note and foreclosure on a mortgage. The Caldwells did not
answer the complaint, so a magistrate issued a decision granting the bank a default
judgment on all of its claims. The Caldwells filed a motion to “vacate” the magistrate’s
decision, but the court denied that motion as premature because it had not yet approved
the magistrate’s decision and created a final judgment. The court eventually did adopt
the magistrate’s decision and granted a default judgment on the note and mortgage. The
property was sold at a sheriff’s sale, and the court confirmed the sale.
{¶2} Two months after the court confirmed the sheriff’s sale, the Caldwells filed a
motion for relief from the default judgment on grounds that the trial judge should have
been disqualified from the general election, and thus barred from holding elected office,
because his campaign treasurer did not timely file certain campaign reports in compliance
with R.C. 3510.10(D). The court conducted a hearing on the motion for relief from
judgment and denied it, finding that the Caldwells failed to set forth any of the grounds
upon which relief from judgment may be granted under Civ.R. 60(B).
{¶3} Having requested that this appeal be placed on the accelerated calendar, the
Caldwells have acquiesced to our stating the reasons for this decision in “brief and
conclusory form.” See App.R. 11.1(E). We agree with the bank that the court lacked
any jurisdiction to rule on questions concerning campaign improprieties because that
authority is vested exclusively with the Ohio Elections Commission. See R.C. 3517.151;
State ex rel. Ohio Democratic Party v. Blackwell, 111 Ohio St.3d 246, 2006-Ohio-5202,
855 N.E.2d 1188, ¶ 15. The motion for relief from judgment thus raised matters outside
the court’s jurisdiction.
{¶4} The remaining arguments raised by the Caldwells on appeal, that the trial
court erred by, refusing to accept their affidavit that they were not properly served; by
failing to respond to their request for findings of facts and conclusions of law; and by
proceeding on a fraudulent complaint, are improperly before us because they were not
raised in the motion for relief from the default judgment. See State v. Randlett, 10th
Dist. Franklin No. 06AP-1073, 2007-Ohio-3546, ¶ 20. In reaching this conclusion, we
acknowledge that the Caldwells did raise these issues in their first motion to vacate
judgment filed after the magistrate issued a decision in the case, but the court denied that
motion as premature because it had yet to rule on the magistrate’s decision. When the
court did rule on the magistrate’s decision, the Caldwells filed a new motion for relief
from judgment (the subject of this appeal), but that motion was limited solely to the
alleged campaign irregularities — it made no mention of those arguments raised in the
premature motion for relief from judgment.
{¶5} Judgment affirmed.
It is ordered that appellee recover of appellants its costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga
County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
MELODY J. STEWART, JUDGE
MARY EILEEN KILBANE, P.J., and
PATRICIA ANN BLACKMON, J., CONCUR