Court of Appeals of Ohio, Twelfth District, Butler
MANITOU AMERICAS, INC. fka GEHL COMPANY, Appellee,
NOAH K. WOOLUM dba NOAH'S FARMS, Appellant.
APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No.
Hochscheid & Associates, LLC, Tabitha M. Hochscheid, for
Holcomb & Hyde, LLC, Richard A. Hyde, for appellant
1} Appellant, Noah K. Woolum dba Noah's Farms
("Woolum"), appeals an order of the Butler County
Court of Common Pleas reviving a dormant judgment against
2} On March 8, 2012, appellee, Manitou Americas,
Inc. fka Gehl Company ("Manitou"), obtained a
default judgment against Woolum in the amount of $26, 943.15,
plus interest at the rate of 4.5 percent per annum and court
costs. The judgment became dormant. On January 9, 2018,
Manitou moved the trial court to revive the judgment. The
clerk of courts sent a summons and a copy of the motion for
revivor to Woolum by certified mail at an address on New
London Road in Hamilton, Ohio. On January 18, 2018, service
was successfully made upon Woolum by certified mail. Woolum
took no action.
3} On January 25, 2018, a magistrate issued a
Conditional Order of Revivor and Praecipe. The conditional
order revived the judgment, scheduled a hearing for March 20,
2018, "at which time [Woolum] may show cause why the
judgment should not be revived," and ordered that the
conditional order be served upon Woolum by certified mail.
The conditional order further provided, "Upon service,
[Woolum] shall have  days to file a response with the
Court or their right to challenge will be forfeited and this
Conditional Order shall become the final order of the
4} The clerk of courts sent Woolum a copy of the
conditional order by certified mail on January 30, 2018. The
order was sent to the same New London Road address above. The
certified mail was returned as "unclaimed."
Subsequently, Woolum was successfully served with the
conditional order by ordinary mail on March 5, 2018. On March
21, 2018, Woolum's counsel filed a notice of appearance
and an objection to the conditional order of revivor,
requesting a hearing. Woolum claimed his objection was timely
filed because he was not served with the conditional order of
revivor until March 5, 2018.
5} On April 26, 2018, the trial court overruled
Woolum's objection without a hearing. The trial court
found that Woolum was personally served with the motion for
revivor on January 18, 2018. The trial court further found
that Woolum's "objection was not filed until 62 days
after he personally accepted receipt of the motion," and
was therefore untimely.
6} Woolum appeals, raising one assignment of error:
7} THE TRIAL COURT DID COMMIT REVERSIBLE ERROR WHEN
IT DENIED APPELLANT'S OBJECTION AND MOTION FOR A HEARING.
8} Woolum argues he was denied procedural due
process because the conditional order was issued before the
time frame for a response had passed, and the dormant
judgment was revived without giving him an opportunity to
show cause as to why the judgment should not be revived.
Woolum acknowledges he was served with the motion for revivor
on January 18, 2018. Woolum asserts that he and his attorney
appeared for the March 20, 2018 hearing as scheduled in the
conditional order, however no hearing was held. The docket
does not reflect that a hearing was held on March 20, 2018.
The following day, Woolum filed his objection to reviving the
judgment. A month later, the trial court overruled the
objection as untimely and revived the judgment without a
9} A proceeding to revive a judgment is not a new
action, but merely a motion in the original action. State
v. Jones, 12th Dist. Warren No. CA2000-02-015, 2000 Ohio
App. LEXIS 4802, *8 (Oct. 16, 2000); Omni Credit Servs.
v. Leston, 2d Dist. Montgomery No. 25287, 2013-Ohio-304,
¶ 19. Revivor of a dormant judgment is a statutory
proceeding governed by R.C. 2325.15 and 2325.17.
Leston at ¶ 21.
10} R.C. 2325.15 addresses the procedures set forth
for reviving dormant judgments and provides that "[w]hen
a judgment * * * is dormant, * * * such judgment may be
revived * * * in the manner prescribed for reviving actions
before judgment, ...