Appeal from the Cuyahoga County Court of Common Pleas Case
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.
Cuyahoga County Fiscal Officer Michael C. O'Malley
Cuyahoga County Prosecutor By: Anthony J. Giunta Assistant
BEFORE: McCormack, J., Kilbane, P.J., and E.T. Gallagher, J.
JOURNAL ENTRY AND OPINION
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
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.
and Substantive History
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
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
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.
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.
On October 5, 2016, a magistrate's order was issued
granting Blisswood's motion for discovery ...