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Blisswood Village Home Owners Association v. Cleveland Community Reinvestment, L.L.C.

Court of Appeals of Ohio, Eighth District

June 14, 2018

BLISSWOOD VILLAGE HOME OWNERS ASSOCIATION PLAINTIFF-APPELLEE
v.
CLEVELAND COMMUNITY REINVESTMENT, L.L.C., ET AL. DEFENDANTS-APPELLANTS

          Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-15-853437

          ATTORNEY FOR APPELLANTS Mark Novak.

          ATTORNEYS FOR APPELLEES For Blisswood Village Home Owners Association Steven B. Potter Jason A. Whitacre Dinn, Hochman & Potter, L.L.C.

          For Cuyahoga County Fiscal Officer Michael C. O'Malley Cuyahoga County Prosecutor By: Anthony J. Giunta Assistant Prosecuting Attorney

          BEFORE: McCormack, J., Kilbane, P.J., and E.T. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          TIM McCORMACK, J.

         {¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1. Defendant-appellant Cleveland Community Reinvestment, L.L.C. ("CCR") brings this appeal challenging the trial court's decision to grant summary judgment in foreclosure in favor of plaintiff-appellee Blisswood Village Home Owners Association ("Blisswood").

         {¶2} For the reasons that follow, we dismiss CCR's appeal from the foreclosure order as moot and affirm the trial court's award of attorney fees to Blisswood.

         Procedural and Substantive History

         {¶3} On October 29, 2015, Blisswood instituted a foreclosure action against CCR and other defendants holding or claiming interests in a residential condominium unit located in Euclid, Ohio. CCR was the title owner of record for the unit, and Blisswood is the unit owners association for the condominium complex.

         {¶4} The foreclosure complaint sought a decree of foreclosure against the unit and requested a judgment in the amount of $2, 066.96, plus interest, for unpaid monthly assessments for common expenses, late fees, interest, and charges for collection costs. Blisswood alleged in the complaint that it had obtained a continuing lien on the unit for the unpaid assessments. The corresponding certificate of lien was filed with Cuyahoga County on September 22, 2015, as instrument number 201509220285.

         {¶5} The underlying foreclosure action was plagued with discovery disputes. After CCR failed to adequately respond to Blisswood's initial discovery requests, Blisswood filed a motion to compel discovery on June 8, 2016. The trial court granted this motion on August 12, 2016, and ordered CCR to produce discovery responses by August 26, 2016.

         {¶6} When CCR failed to comply with the court's order, Blisswood filed a motion for discovery sanctions on August 30, 2016. On October 4, 2016, the trial court held a hearing on this motion, for which CCR failed to appear.

         {¶7} On October 5, 2016, a magistrate's order was issued granting Blisswood's motion for discovery ...


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