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Capital One Bank v. Sulaiman R. Graham Aka S. Roy Graham

September 28, 2011

CAPITAL ONE BANK APPELLEE
v.
SULAIMAN R. GRAHAM AKA S. ROY GRAHAM APPELLANT



APPEAL FROM JUDGMENT ENTERED IN THE STOW MUNICIPAL COURT COUNTY OF SUMMIT, OHIO CASE No. 2009 CVF 0675

The opinion of the court was delivered by: Whitmore, Judge.

Cite as

Capital One Bank v. Graham,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Defendant-Appellant, Sulaiman Graham, appeals from the judgment of the Stow Municipal Court, denying his motion to vacate a default judgment against him.

This Court affirms.

I

{¶2} On February 19, 2009, Plaintiff-Appellee, Capital One Bank ("Capital One"), filed suit against Graham for breach of contract based on a delinquent credit card account. Graham was served at his home address by certified mail, and someone at that address signed the certified mail receipt on March 3, 2009. After Graham failed to file an answer or otherwise appear in the action, Capital One filed a motion for default judgment. The court entered default judgment against Graham in the amount of $853.92, plus interest, on June 23, 2009.

{¶3} On June 29, 2010, Graham filed a motion for relief from default judgment. Because more than a year had elapsed since the court entered judgment against him, Graham only sought relief from judgment pursuant to Civ.R. 60(B)(5). Capital One opposed the motion, and Graham filed a reply. A magistrate reviewed the matter and determined that Graham failed to demonstrate that he was entitled to relief under Civ.R. 60(B). Graham then filed an objection to the magistrate's decision. On October 25, 2010, the trial court overruled Graham's objection and denied his motion to vacate the default judgment against him.

{¶4} Graham now appeals from the court's judgment and raises three assignments of error for our review. For ease of analysis, we consolidate the assignments of error.

II

Assignment of Error Number One

"THE TRIAL COURT ERRED IN DENYING APPELLANT RELIEF FROM THE UNJUST OPERATION OF A DEFAULT JUDGMENT ...


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