Legal Opinion · Dissent

1st Natl. Fin. Servs. v. Ashley

Ohio Court of Appeals

Decided August 7, 2018No. 17AP-638Published

1DissentSadler, J.

{¶ 17} I do not believe the trial court committed reversible error when it denied Ashley's motion to vacate the judgment for lack of subject-matter jurisdiction. Accordingly, I would overrule Ashley's assignment of error and affirm the judgment of the trial court. Because the majority does not, I respectfully dissent.

{¶ 18} Under R.C. 2323.13(E)"[a] warrant of attorney to confess judgment contained in any instrument executed on or after January 1, 1974, arising out of a consumer loan or consumer transaction, is invalid and the court shall have no jurisdiction to render a judgment based upon…

2Cases cited5 opinions

  1. Seasons Coal Co. v. City of ClevelandOhio Supreme Court · 1984
  2. Stanley v. Ohio State Univ. Med. Ctr.Ohio Court of Appeals · 2013
  3. 1st Natl. Fin. Servs. v. AshleyOhio Court of Appeals · 2016
  4. Complete Gen. Constr. Co. v. Ohio Dept. of Transp.Ohio Supreme Court · 2002
  5. 07/03/2002 Case AnnouncementsOhio Supreme Court · 2002

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