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First Internet Bank v. Equine Transportation

November 7, 2011

FIRST INTERNET BANK OF INDIANA, PLAINTIFF-APPELLEE,
v.
EQUINE TRANSPORTATION ACCEPTANCE COMPANY ET AL., AND JONATHAN MAAS, DEFENDANT-APPELLANT.



Appeal from the Stark County Court of Common Pleas, Case No. 2010CV00003

The opinion of the court was delivered by: Hoffman, P.J.

Cite as First Internet Bank of Indiana v. Equine Transp. Acceptance Co.,

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

OPINION

Affirmed

{¶1} Defendant-appellant Jonathan Maas appeals the March 25, 2011

Judgment Entry entered by the Stark County Court of Common Pleas denying his Civil Rule 60(B) motion for relief from judgment from a prior judgment entered in favor of Plaintiff-appellee First Internet Bank of Indiana.

STATEMENT OF THE CASE

{¶2} On January 4, 2010, Appellee initiated the within action against Equine Transportation Acceptance Company, LLC, an Ohio Limited Liability Company, of which Appellant was the sole and managing member; Cross Country Capital, LLC; and Appellant individually. The complaint included a claim of fraud against Appellant.

{¶3} Appellant filed an answer to the complaint on April 7, 2010, denying the allegations in the complaint, and asserting the complaint failed to state a claim upon which relief could be granted and further asserting the complaint failed to plead fraud with particularity as required by Ohio Civil Rule 9(B).

{ΒΆ4} The trial court scheduled the case for trial on April 22, 2010. The parties filed a joint motion for continuance on April 21, 2010. The trial court denied the motion. However, via Judgment Entry of April 23, ...


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