Fifth Third Bank of Nw Ohio v. Kuney

This is an accelerated appeal from a judgment of the Toledo Municipal Court which dismissed the case without prejudice.

The undisputed facts relevant to the issue raised on appeal are as follows. On April 28, 1995, appellant, Fifth Third Bank of NW Ohio, N.A., filed a complaint seeking judgment from appellee, Kevin Kuney, on a promissory note. The trial court received a letter from appellee on May 23, 1995, which it accepted as an answer to the complaint, stating that he “had enlisted in the Armed Forces as of 4/25/95 * * Appellee also alleged in the letter that he was “protected under the…