from the Canton Municipal Court, Case No. 2018-CVF-2826
Plaintiff-Appellee: WILLIAM W. EMLEY, SR.
Defendant-Appellant: ROBERT L. GREEN, PRO SE
JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon.
Patricia A. Delaney, J.
Defendant-Appellant Robert L. Green appeals the December 19,
2018 judgment entry of the Canton Municipal Court.
AND PROCEDURAL HISTORY
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.
Green filed a pro se answer on August 6, 2018, stating he
disputed the amount owed.
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.
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.
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.
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