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Ohio Edison Co. v. Williams

Court of Appeals of Ohio, Ninth District

September 26, 2007

OHIO EDISON COMPANY, Appellee
v.
DIANA B. WILLIAMS, Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV 98 10 3882

DIANA WILLIAMS, pro se, Appellant.

AMANDA RASBACH YURECHKO and DONALD A. MAUSAR, Attorneys at Law, for Appellee.

DECISION AND JOURNAL ENTRY

LYNN C. SLABY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:

{¶1} Appellant, Diana Williams, appeals the trial court's denial of her motion to vacate default judgment and the garnishment order issued against her and in favor of Appellee Ohio Edison Company by the Summit County Court of Common Pleas.

{¶2} On October 6, 1998, Appellee, Ohio Edison Co. ("Ohio Edison") filed a complaint against Appellant for amounts due on an account for residential electrical service. The complaint and summons were properly served on July 2, 1999. When Appellant failed to answer the complaint or otherwise make an appearance, Appellee filed a motion for default judgment on August 3, 1999. The motion was granted on August 20, 1999, in the amount of $5, 968.21 plus interest from the date of judgment ("Judgment"). On July 16, 2002, nearly three years after the Judgment, Appellant filed a motion to vacate the judgment. The docket does not reflect that the trial court ever ruled upon this motion. Appellant never appealed the Judgment or the fact that the trial court did not grant her motion to vacate.

{¶3} On November 22, 2006, Ohio Edison filed a motion for garnishment order, notices and affidavit in support of garnishment, seeking to garnish Appellant's wages to satisfy the Judgment. The trial court issued the order of garnishment on November 22, 2006 ("Garnishment Order"), and the same was served upon the garnishee on November 30, 2006.

{¶4} Appellant appeals the trial court's denial of her motion to vacate the Judgment and the Garnishment Order and raises eight assignments of error.

Assignment of Error No. 1
"Trial court abuses its discretion and commits reversible error when court [o]verrules [p]arty's motion to vacate dismal [sic], where party has clearly demonstrated, through unchallenged testimony[, ] he had not received [s]ervice of other party's motion to dismiss despite compliance of other [w]ith [c]ivil [r]ules on service[.] Rogers v. United Presidential Life Ins. Co[.] 9 Ohio App.1987)36 Ohio App.#3d 126[, ] 521 N.E.2d 845." [sic]
Assignment of Error No. 2
"A trial court is without jurisdiction to render judgment or to make findings [a]gainst a person whom [sic] was not served a summons, did not appear and was not a party in the court proceedings; a person against whom such judgements [a]nd findings are made is entitled to have the judgement vacated. State ex rel ...

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