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Platinum Financial Services, Corp. v. Johnson

Court of Appeals of Ohio, Fifth District

January 7, 2004

PLATINUM FINANCIAL SERVICES, CORP. Plaintiff-Appellee
v.
RAYMOND P. JOHNSON Defendant-Appellant

Appeal from the Perry County Court, Case No. CVF-0300010

For Defendant-Appellant, RAYMOND P. JOHNSON

Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. John F. Boggins, J., JUDGES

OPINION

HOFFMAN, P.J.

{¶1} Defendant-appellant Raymond P. Johnson appeals the April 23, 2003 Judgment Entry of the Perry County Court, granting plaintiff-appellee Platinum Financial Services Corp. default judgment against him.

STATEMENT OF THE CASE AND FACTS

{¶2} On January 6, 2003, appellee filed a Complaint for money in the Perry County Court, alleging appellant failed to pay the balance due on an account with appellee in the amount of $1, 166.37. On February 4, 2003, appellant filed a pro se Motion to Dismiss. As grounds for the motion, appellant asserted he does not live or maintain a business in Perry County; improper venue under Civ. R. 3(B); improper service of process pursuant to Civ. R. 4.1(A); and lack of jurisdiction. Appellee filed a brief in opposition thereto. Appellee explained appellant was served with the complaint at a Thornville, Ohio address, and such town is within the jurisdiction of the Perry County Court.

{¶3} On April 23, 2003, appellee filed a Motion for Default Judgment, claiming "[appellant] has failed to answer or otherwise respond to [appellee's] complaint although having being duly served and although due time has been afforded to answer or otherwise plead." Plaintiff's Motion for Default Judgment. The trial court granted default judgment in appellee's favor that same day via Judgment Entry filed April 23, 2003.

{¶4} It is from this judgment entry appellant appeals, raising the following assignments of error:

{¶5} "I. THE LOWER COURT ERRED IN ENTERING DEFAULT JUDGMENT.

{¶6} "II. THE LOWER COURT LACKED JURISDICTION."

I

{ΒΆ7} In his first assignment of error, appellant maintains the trial court erred in ...


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