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Walters v. Poston

Court of Appeals of Ohio, Fifth District

January 9, 2004

WILLIAM T. WALTERS d.b.a. OHIO JUDGMENT RECOVERY SERVICES ASSIGNEE OF RECORD PRO PER LUANN COOPERIDER Plaintiff-Appellant
v.
SAMUEL POSTON Defendant-Appellee

Civil Appeal from the Perry County Court, Case No. 88 CVI 405

For Plaintiff-Appellant WILLIAM T. WALTERS, PRO Se OH JUDGMENT RECOVERY SERVICES

For Defendant-Appellee SE RILEY CRANDALL CO., L.P.A.

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

OPINION

Wise, J.

{¶1} Appellant William Walters d.b.a. Ohio Judgment Recovery Services ("appellant") appeals the decision of the Perry County Court that dismissed his Motion for Revivor of Judgment. The following facts give rise to this appeal.

{¶2} On December 30, 1988, the Perry County Court of Common Pleas entered judgment, in favor of Luann Cooperider, in the amount of $1, 000 plus interest and court costs against Appellee Samuel Poston. An attempt to enforce the judgment on April 2, 1989 failed and the judgment became dormant on April 2, 1994.

{¶3} On February 10, 2003, Luann Cooperider filed a Motion for Revivor of Judgment. Thereafter, Cooperider assigned the judgment to appellant. On this same date, appellant filed an Acknowledgment of Judgment with the trial court. On March 14, 2003, Walters received notice of appellee's Motion in Contra and Motion to Dismiss for Want of Prosecution. In his motion, appellee argued that since appellant had made no attempt to collect the judgment for over twelve years and seven months, appellant abandoned the right to revive the judgment.

{¶4} Appellant filed a written objection to appellee's Motion to Dismiss. On March 19, 2003, the trial court entered judgment dismissing the Motion for Revivor of Judgment.

{¶5} Appellant timely appeals and sets forth the following assignment of error for our consideration:

{¶6} "I. THE TRIAL COURTS (SIC) DISMISSAL OF THE REVIVOR OF JUDGMENT AGAINST SAMUEL POSTON WITHIN A (SIC) TWENTY-ONE (21) YEARS IS NOT PERMITTED (SIC) WITHOUT SUFFICIENT CAUSE."

I

{¶7} Appellant maintains, in his sole assignment of error, the trial court erred when it dismissed the Motion for Revivor of Judgment because it did so without sufficient cause. We agree.

{ΒΆ8} In its judgment entry granting dismissal, the trial court did not state its reason(s) for granting appellee's Motion to Dismiss. The judgment entry states, "Upon Motion by Defendant, Samuel Poston, and for good cause shown this Court dismisses Plaintiffs Motion for Revivor." Judgment Entry, Mar. 19, 2003, at 1. In support of his Motion to Dismiss, appellee argued the judgment has been dormant for twelve years ...


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