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United Bank v. Lemon

Court of Appeals of Ohio, Third District, Crawford

February 20, 2018

UNITED BANK, PLAINTIFF-APPELLEE,
v.
RODNEY G. LEMON, DEFENDANT-APPELLANT.

         Appeal from Crawford County Municipal Court Trial Court No. CVF1300987

          Rodney G. Lemon, Appellant

          James W. Pry II for Appellee

          OPINION

          WILLAMOWSKI, P.J.

         {¶1} Defendant-appellant Rodney G. Lemon ("Mr. Lemon") appeals the judgment of the Crawford County Municipal Court for denying his post-judgment motion. For the reasons set forth below, the judgment of the lower court is affirmed.

         Facts and Procedural History

         {¶2} On September 27, 2013, United Bank filed a complaint in the Crawford County Municipal Court, alleging that Mr. Lemon failed to make payments on a note and that Mr. Lemon's vehicle was security for this note. Doc. 1. United Bank was seeking to repossess this vehicle. Doc. 1. Mr. Lemon filed his answer on October 17, 2013. Doc. 5. On January 21, 2014, United Bank filed a motion for summary judgment. Doc. 13. Mr. Lemon filed a response to United Bank's motion for summary judgment on January 27, 2014. Doc. 14. On February 13, 2014, the trial court granted United Bank's motion for summary judgment. Doc. 15.

         {¶3} Mr. Lemon did not appeal the February 13, 2014 judgment of the trial court. Over three years later, on October 5, 2017, Mr. Lemon submitted a document with the trial court that alleged he had obtained new evidence. Doc. 20. The trial court construed this document as a Civ.R. 60(B) motion. Doc. 21. The trial court found that this motion was not timely filed, did not present new evidence, and made arguments that Mr. Lemon could have made during the original litigation. Doc. 21. For these reasons, the trial court denied his Civ.R. 60(B) motion. Doc. 21.

         {¶4} On November 17, 2017, Mr. Lemon filed notice of appeal. Doc. 22. On appeal, he raises the following five assignments of error:

         First Assignment of Error

         The trial court committed prejudicial error in stating that the new evidence should have been given in first hearing when bank had withheld it from me and the court.

         Second Assignment of Error

         Second assignment of error was the paper work of the bank showed the bank tampered with evidence by withholding documents that would show the payments made right up until bank filed to repo for not making payments in months.

         Third ...


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