P.K. Springfield, Inc. v. Hogan

Wolff, Judge.

Miles Homes, Inc. appeals from a judgment of the Clark County Court of Common Pleas which nullified a summary judgment granted in the corporation’s favor and excluded it from the distribution of the proceeds of a foreclosure sale on the basis that it was not a licensed Ohio corporation.

The facts are essentially as follows.

In January 1989, P.K. Springfield, Inc. (“PK”) filed a complaint seeking foreclosure of its lien on real estate owned by Thomas J. and Mindy Hogan. The complaint further sought a marshalling of all liens on the property and named as defendants Miles Homes, Inc.…