[Cite as Hadler v. Thompson, 2018-Ohio-1072.]
IN THE COURT OF APPEALS OF OHIO
TENTH APPELLATE DISTRICT
Dorothea A. Hadler, :
Plaintiff-Appellee, :
v. : No. 17AP-578
(C.P.C. No. 14CVE11-11708)
Russell Dennis Thompson, Jr. et al., :
(REGULAR CALENDAR)
Defendants-Appellees, :
(Woods Cove III, LLC, :
Defendant-Appellant). :
D E C I S I O N
Rendered on March 23, 2018
On brief: Bailey Cavalieri LLC, Nick V. Cavalieri and
Matthew T. Schaeffer, for appellee Dorothea A. Hadler.
Argued: Michael T. Schaeffer.
On brief: Sandhu Law Group, LLC, David T. Brady and
Brian S. Gozelanczyk, for appellant. Argued: Brian S.
Gozelanczyk.
APPEAL from the Franklin County Court of Common Pleas
TYACK, J.
{¶ 1} Woods Cove III, LLC, is appealing from the denial of its motion seeking
partial relief from the judgment rendered against it. It assigns a single error for our review:
The trial court erred as a matter of law and committed
reversible error when it denied Appellant's Motion for Partial
Relief From Judgment filed May 26, 2017.
No. 17AP-578 2
{¶ 2} The trial court judge who handled this foreclosure action journalized a
concise decision denying the relief sought by Woods Cove III, LLC:
This matter is before this Court on Defendant's, Woods Cover
[sic] III, LLC, Motion for Relief from Judgment, filed May 26,
2017. The Court will keep this simple. Defendant has not
shown that it filed the present motion in a reasonable time,
has not shown that it meets any section of Civ. R. 60(B) and
has not shown that it possesses a meritorious defense. As
such, Defendant's, Woods Cove III, LLC, motion is not well-
taken, and is hereby DENIED.
{¶ 3} The trial court's ruling heavily depends on the allegation that Woods Cove,
after being served the foreclosure complaint, did not enter a formal appearance in the
lawsuit. As a result, when the property was sold following the judgment of foreclosure, the
property was sold free of the tax liens Woods Cove had bought.
{¶ 4} Counsel for Dorothea Hadler also points out that the tax certificates
purchased by Woods Cove had a provision that the tax certificates were to expire after four
years and the four years had passed before Woods Cove filed its motion for relief from
partial judgment.
{¶ 5} After careful review of the record, we find that the trial court properly found
that Woods Cove did not pursue relief from judgment within a reasonable time. We
therefore overrule the sole assignment of error and affirm the judgment of the trial court.
Judgment affirmed.
DORRIAN and LUPER SCHUSTER, JJ., concur.