Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Capital One, N.A. v. Sikora

Court of Appeals of Ohio, Ninth District, Lorain

June 19, 2017

CAPITAL ONE, N.A. Appellant
v.
TERREN C. SIKORA Appellee

          APPEAL FROM JUDGMENT ENTERED IN THE OBERLIN MUNICIPAL COURT COUNTY OF LORAIN, OHIO CASE No. 2016CVF00418

          ANDREW P. SCHREIBER, Attorney at Law, for Appellant.

          BRIAN L. COFFMAN, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, Judge.

         {¶1} Plaintiff-Appellant, Capital One, N.A. ("Capital One"), appeals the judgment of the Oberlin Municipal Court granting Defendant-Appellee, Terren C. Sikora's, motion to dismiss. We reverse the trial court's judgment.

         I.

         {¶2} On July 25, 2016, Capital One filed a complaint against Mr. Sikora in the Oberlin Municipal Court alleging default on a credit card account. Mr. Sikora thereafter filed a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted. In its motion to dismiss, Mr. Sikora argued that Capital One's complaint "fails to establish a prima facie case for any money owed to it by [him]." The trial court granted Mr. Sikora's motion to dismiss the same day that it was filed.

         {¶3} Capital One filed this timely appeal and presents two assignments of error for our review. Mr. Sikora has not filed an appellate brief in this matter and thus, this Court may, "in determining the appeal, * * * accept the [Appellant's] statement of the facts and issues as correct and reverse the judgment if [Appellant's] brief reasonably appears to sustain such action." Phillips v. Robinson, 9th Dist. Medina No. 12CA0038-M, 2012-Ohio-6108, ¶ 6, quoting App.R. 18(C). Additionally, to facilitate our analysis, we elect to address Capital One's two assignments of error together.

         II.

         Assignment of Error I

         The trial court erred in granting Sikora's motion to dismiss with prejudice on the same day that the motion was filed, where the court's local rules provided Capital One fourteen days to respond to the motion.

         Assignment of Error II

         The trial court erred in granting Sikora's motion to dismiss with prejudice on the same day that the motion was filed, where Capital One was not provided notice or an opportunity to respond to the motion.

         {¶4} In its first assignment of error, Capital One argues that the trial court erred by granting Mr. Sikora's motion to dismiss without providing it 14 days to respond, as mandated by local rule. In its second assignment of error, Capital One argues that the trial court erred by ruling on Mr. Sikora's motion to dismiss without ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.