Riley v. Whitehurst Co., L-07-1355 (7-18-2008)

DECISION AND JUDGMENT ENTRY

{¶ 1} This case is before the court on appeal from the judgment of the Toledo Municipal Court, journalized on September 21, 2007, which granted appellee, Hugh Q. Riley, judgment against appellant, Whitehurst Company ("Whitehurst"), and ordered Whitehurst to return appellant's security deposit. For the reasons that follow, we reverse the decision of the municipal court.

{¶ 2} Riley filed suit in municipal court against Whitehurst on July 15, 2005, seeking return of a security deposit. Whitehurst failed to timely answer Riley's complaint and a default judgment was…