Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
Weltman, Weinberg & Reis, Co., L.PA., and Daniel B.
Friedlander, for appellees.
P. Watson, for appellants.
JOURNAL ENTRY AND OPINION
LASTER MAYS, JUDGE
1} Defendant-appellant Elie F. Abboud
("Abboud") appeals the trial court's denial of
his motion for relief from judgment. We affirm the trial
Facts and Procedural Posture
2} Plaintiffs-appellees Professional Bank Services
and Francis H. Calvert filed a complaint against Abboud and
his brother Michel Abboud ("Michel") on December
12, 2005. Neither Abboud nor Michel entered an appearance and
a default judgment was rendered against them in favor of the
appellees. Michel moved the court to have the judgment
against him vacated as void for want of personal
jurisdiction. At the time of the complaint, Michel was
incarcerated. The judgment against Michel was vacated, and
the claims against him were dismissed. This current action is
Abboud's appeal of the trial court's denial of his
motion for relief from the judgment.
3} The appellees filed a complaint against Abboud on
December 12, 2005. The summons and complaint were served upon
Abboud on January 3, 2006, at 470 West Boston Rd., Hinckley,
Ohio 44233 by certified mail and was signed for by Ruth
Abboud ("Ruth"), Abboud's ex-wife. Abboud
claims that the appellees had not perfected service on him
because he was not living at that address when the complaint
was delivered. Abboud also claims that he did not have
contact with Ruth from the date of the complaint until 2006,
when he was incarcerated on federal charges of bank fraud.
4} Abboud claims that he moved out of the family
home around 2002, into the adjacent property located at 468
West Boston Rd., Hinckley, Ohio 44233 and continued to reside
there until 2006. As a result of not living in the family
home, Abboud argues that he did not receive the summons and
complaint, because it was delivered to the family home and
not to him personally. The appellees claim, however, that
Abboud represented his address as the address of the family
home in legal filings such as his motion for permission to
travel presented to the federal court.
5} Abboud filed a motion to vacate and set aside
default judgment on March 20, 2018, and the court issued its
decision and journal entry on October 17, 2018. The journal
This court finds that Defendant Elie Abboud listed the 470
West Boston Road address in documents he filed on his own
behalf weeks before plaintiff sent service of process to the
same address. The evidence further shows that Elie Abboud
signed a judgment entry of divorce which stated he resided at
470 West Boston Road through August 2006 when he was
incarcerated in federal prison. The evidence shows that Ruth
Abboud signed for the complaints in January 2005 [sic], and
this court held a default hearing on April 12, 2006. Elie
Abboud listed the 470 West Boston Road address in court
documents both before and after Plaintiff perfected valid
service upon Defendant Elie Abboud at the time of the default
hearing. The default judgment granted on April 12, 2006
against Elie Abboud is valid. Defendant's motion to
vacate and set aside default judgment is denied.
Journal entry No. 10592110 (Oct. 17, 2018).
6} Abboud filed this appeal assigning one error for
trial court erred and abused its discretion in overruling
appellant's motion for relief ...