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Jackson v. Charter Properties

Court of Appeals of Ohio, Tenth District

February 27, 2018

Mark A. Jackson, Plaintiff-Appellant,
v.
Charter Properties, Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 15CV-6250

         On brief:

          Mark A. Jackson, pro se.

          Willis Law Firm, LLC, William L. Willis, Jr., Dimitrios G. Hatzifotinos, Michael J. Cassone, and Collin B. Showe, for appellee.

          Argued:

          Collin B. Showe.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Plaintiff-appellant, Mark A Jackson, pro se, appeals from a decision and entry of the Franklin County Court of Common Pleas denying his motion to set aside a default judgment and granting the motion of defendant-appellee, Charter Properties, to strike Jackson's amended and supplemental pleading. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} Charter Properties is the property management company for Raintree Apartments in Columbus. Jackson had a lease agreement with Charter Properties for two townhouse units at the Raintree Apartments. The most recent lease agreement between the parties terminated on March 31, 2011, and Jackson thereafter resided at the Raintree Apartments as a month-to-month tenant.

          {¶ 3} On April 21, 2015, Charter Properties filed an eviction action against Jackson for nonpayment of rent. After Charter Properties filed the eviction action, Jackson paid his rent to the Franklin County Municipal Court escrow office, and the parties amicably resolved the eviction action and escrow proceeding.

         {¶ 4} Subsequently, on June 2, 2015, Charter Properties served Jackson a notice dated July 29, 2015 of non-renewal of his month-to-month tenancy effective August 31, 2015. In response, Jackson filed a complaint against Charter Properties on July 23, 2015 (the "common pleas case") alleging that Charter Properties committed libel and slander by initiating proceedings against Jackson in the Franklin County Municipal Court. Jackson additionally asserted Charter Properties retaliated against him in violation of the Ohio Landlord and Tenant Act when it chose not to renew his month-to-month tenancy.

         {¶ 5} Despite the non-renewal of the tenancy, Jackson did not vacate the premises. Thus, on September 23, 2015, Charter Properties filed an eviction action against Jackson for holdover of tenancy.

         {¶ 6} On March 4, 2016, Charter Properties filed a motion for summary judgment in the common pleas case. Jackson did not file a timely response to the motion for summary judgment. Thus, in an April 4, 2016 decision and entry, the ...


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