Legal Opinion · Concurring in the judgment

Onda, LaBuhn, Rankin & Boggs Co., L.P.A. v. Johnson

Ohio Court of Appeals

Decided September 4, 2009No. 08CA16Published

1Concurring in the judgmentKline, Presiding Judge

{¶ 17} I concur in judgment only, because I respectfully disagree that the cognovit note is facially insufficient to support the cognovit judgment. Instead, I believe that the cognovit judgment is invalid because the appellee (hereinafter “Onda LaBuhn”) did not submit its books and records along with the cognovit note.

{¶ 18} Numerous Ohio courts have upheld cognovit judgments for amounts that cannot be determined solely by referring to the notes in question. See, e.g., Santora v. Kiss, Cuyahoga App. No. 91303, 2008-Ohio-6287, 2008 WL 5096972 (affirming award of $117,084.54 plus interest; the…

2Cases cited3 opinions

  1. Bates v. Midland Title of Ashtabula Co., Unpublished Decision (11-26-2004)Ohio Court of Appeals · 2004
  2. Classic Bar Billiards v. Samaan, 08ap-210 (11-6-2008)Ohio Court of Appeals · 2008
  3. World Tire Corporation v. Webb, 06ca10 (9-27-2007)Ohio Court of Appeals · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API