Court of Appeals of Ohio, Third District, Crawford
from Crawford County Municipal Court Trial Court No.
G. Lemon, Appellant
W. Pry II for Appellee
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.
and Procedural History
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.
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.
On November 17, 2017, Mr. Lemon filed notice of appeal. Doc.
22. On appeal, he raises the following five assignments of
Assignment of Error
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.
Assignment of Error
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.