Woods Cove III, L. L.C. v. Am. Guaranteed Mgmt. Co.

Excerpt

Summary judgment constitutionality tax certificate foreclosure statute attorney general R.C. 5721.371 magistrate's decision extension of time motion to reconsider jurisdiction declaratory judgment. Trial court properly granted summary judgment ordering foreclosure on tax certificate holder's certificates where delinquent property owners did not produce any evidence demonstrating a genuine issue of material fact regarding the certificate owner's right to foreclose or the amounts due trial court was without jurisdiction to render a declaratory judgment regarding the constitutionality of Ohio's tax certificate legislation because the Ohio attorney general was not served in the action as required by R.C. 2721.12(A) the trial court did not err in adopting the magistrate's decision awarding attorney fees even without a determination of the reasonableness of the fees because the magistrate awarded attorney fees less than $2,500 and under R.C. 5721.371(B)(1), attorney fees less than or equal to $2,500 are presumptively reasonable trial court did not err in denying appellants' motion for extension of time to respond to magistrate's decision where appellants' counsel was not newly retained and had been working on the case for two months before he filed a notice of appearance trial court did not err in denying appellants' motion for reconsideration because it raised new issues that were not raised in appellants' motions for summary judgment and responses to plaintiff's summary judgment motion.