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Trilogy Health Services, LLC v. Frenzley

Court of Appeals of Ohio, Fifth District, Muskingum

April 30, 2018

TRILOGY HEALTH SERVICES, LLC Plaintiff - Appellee
v.
EDITH FRENZLEY, ET AL. Defendants - Appellants

          Appeal from the Muskingum County Court of Common Pleas, Case No. CH2017-0276

          FOR PLAINTIFF-APPELLEE MARC S. BLUBAUGH, BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP

          ELIZABETH R. EMANUEL, BENESCH, FRIEDLANDER, COPLAN & ARONOFF, LLP

          FOR DEFENDANTS-APPELLANTS, MARK W. STUBBINS, GRANT J. STUBBINS, STUBBINS, WATSON, BRYAN & WITUCKY CO., L.P.A

          Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J. JUDGES.

          OPINION

          Baldwin, J.

         {¶1} Defendants-appellants Edith Frenzley and John Frenzley appeal from the September 18, 2017 Final Judgment Entry of the Muskingum County Court of Common Pleas granting the Motion for Default Judgment filed by plaintiff-appellee Trilogy Health Services, LLC. and entering judgment against defendants-appellants.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On August 8, 2017, appellee Trilogy Health Services LLC filed a complaint against appellants Edith and John Frenzley. Appellee, in its complaint, alleged that it had provided room, board, nursing and personal care and other services to appellants and that appellants had failed to pay for such services. Appellee set forth claims alleging breach of contract, quantum meruit, payment of spousal necessaries and fraudulent transfers. A copy of the summons and complaint were sent by certified mail on August 8, 2017 to appellants at their residence at 3305 Fairway Lane, Zanesville, Ohio 43701 and to appellants at their real estate tax mailing address at 4504 Stratford Cir. W., Zanesville, Ohio 43701.

         {¶3} The summons and complaint sent to appellants' residence was returned unclaimed. The summons and complaint sent to appellants' tax mailing address was signed for on August 9, 2017 by Jessie or Jessica Prouty.

         {¶4} Appellee, on September 13, 2017, filed a Motion for Default Judgment against appellants. The trial court, as memorialized in a Final Judgment Entry dated September 18, 2017, granted the motion and entered judgment in favor of appellee and against appellant Edith Frenzley in the amount of $6, 999.00 and against appellant John Frenzley in the amount of $9, 181.10.

         {¶5} Appellants now raise the following assignment of error on appeal:

         {¶6} I. THE TRIAL COURT ERRED IN GRANTING DEFAULT JUDGMENT ...


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