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Congress Lake Co. v. Green

Court of Appeals of Ohio, Fifth District, Stark

August 26, 2019

CONGRESS LAKE COMPANY Plaintiff-Appellee
v.
ROBERT L. GREEN Defendant-Appellant

          Appeal from the Canton Municipal Court, Case No. 2018-CVF-2826

         JUDGMENT: AFFIRMED

          For Plaintiff-Appellee: WILLIAM W. EMLEY, SR.

          For Defendant-Appellant: ROBERT L. GREEN, PRO SE

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

          OPINION

          Delaney, J.

         {¶1} Defendant-Appellant Robert L. Green appeals the December 19, 2018 judgment entry of the Canton Municipal Court.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On May 9, 2018, Plaintiff-Appellee Congress Lake Company filed a complaint on account in the Canton Municipal Court. It alleged Defendant-Appellant Robert L. Green was a member of the Congress Lake Country Club and the attached billing statement showed Green's membership account was due and owing in the amount of $3, 714.89 as of March 25, 2018.

         {¶3} Green filed a pro se answer on August 6, 2018, stating he disputed the amount owed.

         {¶4} On October 23, 2018, Congress Lake Company filed a motion for summary judgment arguing there was no genuine issue of material fact that there was "due and owing from the Defendant, Robert L. Green, to the Plaintiff the sum of of [sic] $3, 714.89 plus costs and interest at the rate of 18% per annum from March 25, 2018." In support of its motion for summary judgment, Congress Lake Company attached the affidavit of Paul Showalter, the General Manager of Congress Lake Company. Showalter averred he was in possession of the business records of the company which established Green owed $3, 714.89 on his account.

         {¶5} Green responded to the motion for summary judgment on November 28, 2018. In his response, he first argued there was a genuine issue of material fact as to the amount owed. He attached a copy of an email, purportedly sent by Paul Showalter to Green on January 19, 2018. In the email, Showalter asked to know Green's account status because the board of the Congress Lake Company needed payment with a "demit" request, or the board would expel Green and turn the account over to collection. Green also attached a billing statement from Congress Lake Company dated December 25, 2017, which showed Green owed $1, 891.66. Green stated in his response that he contacted Congress Lake Company and canceled his membership prior to the December 2017 billing.

         {¶6} Congress Lake Company filed a motion for additional time to supplement its motion for summary judgment on December 12, 2018. It argued Green had never served Congress Lake Company with his pleadings.

         {¶7} On December 19, 2018, the trial court issued its judgment entry denying the motion to supplement the motion for summary judgment and granting the motion for summary judgment. In its ruling, the trial court found Congress Lake Company met its initial burden of proving it was entitled to judgment as a matter of law on the amount due and owing. Green, the trial court next determined, did not come forward with specific facts to show that as of March 25, 2018, there was a genuine issue of material fact whether he owed $3, 714.89. The trial court found Green did not submit any evidentiary material pursuant to Civ.R. 56 that could be properly considered by ...


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