from the Mount Vernon Municipal Court, Case No. 16 CVH 00419
Plaintiff-Appellant SCOTT ALLAN PULLINS Pullins Law Firm LLC
Defendants-Appellees ADAM B. LANDON Critchfield, Critchfield
& Johnston, Ltd.
W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R.
Plaintiff-Appellant, Martha May, appeals the decisions of the
Mount Vernon Municipal Court memorialized in entries dated
November 21, 2016, December 13, 2016 and February 24, 2017 in
which the trial court dismissed her complaint against
Appellee, denied a motion to vacate that judgment and denied
a motion to reconsider its decision on the motion to vacate.
Appellee Toni Shannon did not file a brief or otherwise
appear in this Appeal.
OF FACTS AND THE CASE
Appellant filed a complaint on June 28, 2016 describing
damages to a mobile home and seeking compensation from
Appellee, Samantha Marchio and Chad Pruyn. Appellee filed an
answer on July 14, 2016. Defendant Samantha Marchio was
served with the summons and complaint on October 13, 2016,
but did not file an answer or otherwise appear in this
matter. Defendant Chad Pruyn was not served with the summons
The trial court conducted a bench trial on November 18, 2016
with Appellant acting pro se and Appellee Shannon appearing
with counsel. Appellant testified on her own behalf and
submitted several exhibits. She claimed to have subpoenaed
witnesses or asked them to testify, but none appeared at the
hearing. She requested continuances at two points during the
trial and the Court denied her requests.
At the conclusion of Appellant's case, Appellee Shannon
moved for a directed verdict and that motion was granted.
Appellant requested default judgment against Defendant
Marchio and that motion was granted. The court scheduled a
hearing on damages in the claim against Marchio for February
17, 2017. The claim against Defendant Chad Pruyn was not
addressed by the Court.
On December 8, 2016, Appellant filed a motion to vacate the
judgment dismissing her complaint against Appellee Shannon.
That motion was denied December 13, 2016. On February 22,
2017 Appellant filed a motion to reconsider the December 13th
decision and that request was denied on February 24, 2017. On
March 29, 2017, Appellant filed a notice of dismissal stating
"Pursuant to Ohio Civil Rule 41(A) Plaintiff dismisses
this action, without prejudice, in order to appeal this
court's previously issued orders." On April 28, 2017
Appellant filed a notice of appeal of the trial court's
entries of February 24, 2017, December 13, 2016 and November
21, 2016 and submitted four assignments of error:
"I. THE TRIAL COURT VIOLATED THE PRO-SE PLAINTIFF'S
FUNDAMENTAL FOURTEENTH AMENDMENT CONSTITUTIONAL RIGHTS OF DUE
PROCESS BY INSTRUCTING HER THAT SHE WAS NOT PERMITTED TO
EITHER ADVOCATE FOR HER POSITION OR CROSS EXAMINE WITNESSES
BECAUSE SHE WAS NOT A LICENSED ATTORNEY.
"II. THIS CONSTITUTIONAL VIOLATION TAINTED THE PROCESS
AND THE COURT ERRED BY THEN ISSUING A DIRECTED VERDICT
AGAINST THE PLAINTIFF."
"III. THE TRIAL COURT ERRED BY FAILING TO TAKE JUDICIAL
NOTICE OF THE DECISION OF THE KNOX COUNTY JUVENILE COURT