U.S. Bank National Ass'n v. Gullotta

{¶ 1} The court below certified to us this question: “Whether or not each missed payment under a promissory note and mortgage yields a new claim such that any successive actions on the same note and mortgage involve different claims and are thus exempt from the ‘two-dismissal rule’ contained in Civ. R. *40041(A)(1).” In this case, under these facts, we answer the question in the negative.

Factual and Procedural Background

{¶2} This matter arises from the third foreclosure action filed by plaintiff-appellee U.S. Bank National Association against defendant-appellant Giuseppe Gullotta. All three…