Court of Appeals of Ohio, Eighth District, Cuyahoga
EDITH M. CORD PLAINTIFF-APPELLANT
VICTORY SOLUTIONS, L.L.C., ET AL. DEFENDANTS-APPELLEES
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Mark R. Jacobs Shipra Kumar Matasar
APPELLEES For Shannon Burns Shannon Burns, pro se
Victory Solutions, L.L.C. Victory Solutions, L.L.C.
BEFORE: Boyle, J., McCormack, P.J., and S. Gallagher, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, J.
This case came to be heard upon the accelerated calendar
pursuant to App.R. 11.1 and Loc.R. 11.1.
Plaintiff-appellant, Edith M. Cord, appeals the trial
court's order dismissing her fraud claim against
defendant-appellee, Shannon Burns. On appeal, she raises one
assignment of error for our review:
trial court erred when it dismissed Appellant Edith
Cord's fraud claim.
Finding no merit to her assignment of error, we affirm.
Procedural History and Factual Background
In 2009, Cord's son asked her to provide financial
assistance to Victory Solutions, L.L.C., which he co-founded
with Burns. Cord agreed, and on February 13, 2009, Cord and
Burns, as the chief executive officer of Victory Solutions,
L.L.C., executed a promissory note under which Cord agreed to
lend $15, 000 to the corporation. In 2012, Cord's son
passed away after being diagnosed with brain cancer, leaving
the management of Victory Solutions, L.L.C. solely to Burns.
On October 27, 2016, after not receiving any form of
repayment from Victory Solutions for approximately eight
years, Cord filed a complaint against the corporation and
Burns. She alleged three causes of action, including breach
of contract, promissory estoppel (as an alternative cause of
action), and fraud. Cord's actions for breach of contract
and promissory estoppel were based on Victory Solutions's
alleged failure to pay the principal and interest owed to
Cord under the promissory note. Cord's fraud claim was
based on alleged misrepresentations by Burns made after the
promissory note's execution concerning the
corporation's ability to pay.
On December 20, 2016, Cord moved for default judgment after
Victory Solutions and Burns failed to respond to her
complaint. The trial court, however, granted Victory