Allstate Ins. Co. v. Wiant , 2018 Ohio 1256 ( 2018 )

[Cite as Allstate Ins. Co. v. Wiant, 2018-Ohio-1256.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
MADISON COUNTY
ALLSTATE INSURANCE COMPANY, :
et al.,
: CASE NO. CA2017-09-019
Plaintiffs-Appellants,
: OPINION
4/2/2018
- vs - :
:
HEIDI M. WIANT, et al.,
:
Defendants-Appellees.
:
CIVIL APPEAL FROM MADISON COUNTY COURT OF COMMON PLEAS
Case No. 2009 CVE 0448
Kreiner & Peters Co., LPA, Todd W. Smith, 6047 Frantz Road, Suite 203, Dublin, Ohio
43017, for plaintiffs-appellants, Allstate Insurance Co. and Pagle Helterbrand
Cooke Demers, LLC, David J. Demers, 260 Market Street, Suite F, New Albany, Ohio 43054,
for defendants-appellees, Heidi M. Wiant and Midwest Express, Inc.
PIPER, J.
{¶ 1} Plaintiff-appellant, Allstate Insurance Co., appeals a decision of the Madison
County Court of Common Pleas granting relief from judgment in favor of defendants-
appellees, Heidi Wiant and Midwest Express, Inc. ("Defendants").
{¶ 2} Allstate filed a complaint for subrogation and perfected service on the relevant
Madison CA2017-09-019
parties. After receiving no response from Defendants, Allstate moved for and was granted
default judgment. The trial court entered judgment against Defendants for the subrogation
amount of $5,934.28. Two months later, Defendants filed a motion for relief from judgment,
which was served on Allstate via regular mail.
{¶ 3} Four days after the motion was filed, which was also the same day that Allstate
received the motion via regular mail, the trial court granted the motion. As such, Allstate did
not have an opportunity to respond to the motion for relief from judgment. Allstate now
appeals the trial court's decision, raising the following assignment of error:
{¶ 4} THE TRIAL COURT ABUSED ITS DISCRETION AND/OR ERRED IN
GRANTING APPELLEES' MOTION FOR RELIEF FROM JUDGMENT BECAUSE THE
COURT GRANTED SAID MOTION WITHOUT AFFORDING APPELLANTS A
REASONABLE OPPORTUNITY TO RESPOND UNDER LOCAL RULE 5.1
{¶ 5} Allstate argues in its assignment of error that the trial court erred by granting the
motion for relief from judgment without first giving Allstate an opportunity to respond.
{¶ 6} According to the Madison County Court of Common Pleas Local Rule 5.1,
"motions shall be decided on the filings without oral argument fourteen days or more after
service of the motion on the opposing party." Due process issues are raised should a party
be deprived of an opportunity to respond to a motion by a failure of the trial court to abide by
the timing set forth in the local rule. Hillabrand v. Drypers Corp., 87 Ohio St. 3d 517 (2000).
A reasonable opportunity to defend "contemplates that a trial court allow the party opposing
[a motion] the opportunity to respond at least within the time frame allowed by the procedural
rules of the court." Id. at 520.
{¶ 7} The record indicates that Defendants' motion for relief from judgment was filed
on September 7, 2017. On September 11, 2017, the trial court granted the motion without
waiting the 14 days as provided for in the local rule. Nor did the trial court wait for Allstate to
-2-
Madison CA2017-09-019
be served and afforded the opportunity to at least respond to the motion.
{¶ 8} While the relief from judgment order did not dispose of the case, the record is
clear that Allstate was prejudiced by not being afforded the opportunity to defend against
relief from judgment after it had secured a valid default judgment. On remand, Allstate will be
given the opportunity to respond to Defendants' motion for relief from judgment, and the trial
court can then decide the merits of the motion and Allstate's arguments in opposition.
Accordingly, Allstate's single assignment of error is sustained.
{¶ 9} Judgment reversed and the cause is remanded for further proceedings.
HENDRICKSON, P.J., and M. POWELL, J., concur.
-3-