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Tarr v. American Flooring Transport Inc.

Court of Appeals of Ohio, Fifth District

August 26, 2013

CLIFFORD TARR, DBA CARPET EXPRESS INC. Plaintiff-Appellee
v.
AMERICAN FLOORING TRANSPORT INC., ET AL. Defendants-Appellants

Appeal from the Court of Common Pleas, Case No. 2012CV02355

For Plaintiff-Appellee JEFFREY R. JAKMIDES

For Defendants-Appellants DOUGLAS C. BOND, DEAN L. GRASE

Hon. Sheila G. Farmer, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Farmer, P.J.

(¶1} Appellants, George Morris, Jr. and his corporation, American Flooring Transport, Inc. (hereinafter "AFT"), were in the business of hauling carpet. Appellee, Clifford Tarr, dba Carpet Express, Inc., was in the business of selling carpet. In the spring and summer of 2012, the parties had a business relationship wherein appellants would haul carpet for appellee. A dispute arose as to the whereabouts of certain rolls of carpet.

(¶2} On July 26, 2012, appellee filed a complaint against appellants, alleging appellants had stolen the carpet. Appellant Morris filed a pro se answer on September 7, 2012, and attended a pretrial on September 24, 2012. By judgment entry filed September 25, 2012, the trial court ordered appellant Morris to secure counsel for the corporation.

(¶3} On October 18, 2012, appellee filed a motion for default judgment against appellants, claiming appellant Morris failed to secure counsel for the corporation and failed to defend the action. A hearing was held on November 26, 2012. Appellants did not appear. By judgment entry filed December 4, 2012, the trial court granted the motion and entered judgment for appellee as against appellants, jointly and severally, in the amount of $21, 079.53.

(¶4} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

(¶5} "THE TRIAL COURT ERRED IN GRANTING A DEFAULT JUDGMENT AGAINST MORRIS WHERE MORRIS TIMELY FILED A RESPONSIVE ANSWER TO THE COMPLAINT WHICH WAS NOT STRICKEN AND FURTHER APPEARED AT THE SEPTEMBER 24 PRETRIAL."

II

(ΒΆ6} "THE TRIAL COURT ERRED BY ENTERING A DEFAULT JUDGMENT AGAINST MORRIS WHERE MORRIS APPEARED IN HIS INDIVIDUAL CAPACITY AT THE SEPTEMBER 24, 2012 PRE-TRIAL BUT WAS NOT SERVED WITH NOTICE OF THE APPLICATION FOR ...


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