Heban, Murphree & Lewandowski, LLC, Successful In Ohio Supreme Court

The attorneys of Heban, Murphree & Lewandowski, LLC, successfully argued in the Ohio Supreme Court that a decree of foreclosure may not be unilaterally dismissed after the entry of a final judgment. In a case that reached the state’s highest court via a conflict amongst various Ohio appellate courts, the Supreme Court unanimously reversed the 6^th District Court of Appeals and held that an action may not be voluntarily dismissed under Ohio Civil Rule 41 after the entry of a final judgment.

The case, which involved mostly interpretation of Ohio’s Rules of Civil Procedure, is significant in that it is the first time the Ohio Supreme Court has said even a default judgment cannot be voluntarily dismissed pursuant to Ohio Civil Rule 41. The decision is also significant because it presumably bars judgment creditors from getting a “second bite at the apple” when the execution of their judgment has not gone as desired. As noted by the Supreme Court, to allow a party to unilaterally dismiss a final judgment “flies in the face of the general policy that [judgments] have a certain degree of finality.”

A press release from the Supreme Court’s Decision, in addition to links for the Opinion and Oral Argument, can be found below:

http://www.courtnewsohio.gov/cases/2013/SCO/0528/120578.asp

Are you looking for seasoned Toledo probate attorneys who are experienced at arguing at all appellate courts, including the Supreme Court? Contact HML today.