Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cleveland Municipal Court Case No. 2008 CVG
ATTORNEY FOR APPELLANT Joseph J. Straka Morscher &
ATTORNEY FOR APPELLEE Michael P. McGuire Cuyahoga
Metropolitan Housing Authority
BEFORE: E.T. Gallagher, P.J., Boyle, J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
T. GALLAGHER, P.J.
This cause came to be heard on the accelerated calendar
pursuant to App.R. 11.1 and LocR. 11.1. Defendant-appellant,
Claude Rabb, appeals the denial of his motion for relief from
judgment. He claims the following single assignment of error:
The trial court erred and abused its discretion in failing to
grant appellant's motion for relief from judgment under
Civ.R. 60(B)(5) when it did not properly consider
appellee's own document, which suggests that
appellee's forcible claim was without merit.
We find no merit to the appeal, and affirm the trial
Facts and Procedural History
From 2002 to 2008, Rabb leased an apartment located at 2700
Washington Avenue, Cleveland, Ohio that was owned and
operated by the Cuyahoga Metropolitan Housing Authority
("CMHA"). In January 2008, a CMHA manager and CMHA
police officers responded to a complaint of water dripping
through the ceiling of the apartment located directly below
Rabb's apartment. Searching for the source of the water,
CMHA authorities entered Rabb's apartment and "found
the water running full blast with the shower head pointed out
of the tub." (Complaint ¶ 4.) A CMHA secretary
reported that Rabb had been in the office earlier that day
complaining that the maintenance department had not repaired
his leaky shower and threatening that "if it did not get
fixed, he would turn the water on and let it run."
(Complaint ¶ 4.)
CMHA subsequently issued to Rabb six housing violations, a
notice of termination, and a three-day notice to vacate the
apartment. Rabb refused to vacate the apartment, and CMHA
filed a complaint in forcible entry and detainer. CMHA also
sought money damages for "physical damages to the
premises beyond ordinary wear and tear." (Complaint
Following a hearing in May 2008, the trial court entered
judgment in favor of CMHA and against Rabb. Although CMHA
sought to recover the cost of repairing Rabb's apartment
and two other units that sustained water damage as a result
of Rabb's actions, CMHA failed to present evidence
establishing the full amount of the damages. Based on the
evidence presented, the trial court awarded CMHA damages in
the amount of $86 and determined that Rabb was entitled to
credit based on his security deposit of $104. After
offsetting CMHA's recovery from Rabb's credit, the
trial court determined that Rabb was entitled to the balance
of his security deposit in the amount of $18.
Rabb subsequently vacated the apartment and filed several
motions for relief from judgment, all of which were denied.
Rabb appealed the denial of two motions for relief from
judgment, both of which were affirmed. See Cuyahoga
Metro. Hous. Auth. v. Rabb, 8th Dist. Cuyahoga No.
93561, 2010-Ohio-1870; Cuyahoga Metro. Hous. Auth. v.
Rabb, 8th Dist. Cuyahoga No. 95658, 2011-Ohio-2287.
In November 2016, Rabb filed his eighth motion for relief
from the trial court's judgment of eviction, arguing the
judgment should be vacated because (1) he vacated the
apartment immediately after judgment, and (2) CMHA failed to
prove any damage caused by the alleged flood. With respect to
damages, he argued that because his ...