DocketNumber: No. 07CA3155.
Citation Numbers: 2008 Ohio 7038
Judges: PER CURIAM.
Filed Date: 12/23/2008
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 1} This is an appeal from a Scioto County Common Pleas Court summary judgment in favor of Aristech Chemical Company, defendant below and appellee herein.
{¶ 2} Amy Black, plaintiff below and appellant herein, raises the following assignment of error for review:
"THE TRIAL COURT ERRED IN GRANTING THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BY *Page 2 CONCLUDING AMY BLACK WAS NOT ``DULY APPOINTED' AS THE PERSONAL REPRESENTATIVE OF DONALD BLACK, AND THEREBY ESSENTIALLY OVERTURNING A DECISION MADE BY THE COUNTY COMMON PLEAS COURT OF A DIFFERENT COUNTY."
{¶ 3} On December 23, 2003, appellant filed a wrongful death complaint in Lawrence County, Ohio and alleged that she was the lawful wife of the decedent. Appellee subsequently filed a summary judgment motion and argued that appellant lacked standing because she brought the wrongful death action in her personal capacity, not as the lawfully appointed representative of her husband's estate. The case subsequently was transferred to Scioto County and in January 2005, appellant voluntarily dismissed her complaint.
{¶ 4} In the interim, on June 3, 2004, the Lawrence County Probate Court appointed appellant the administrator of Donald Black's estate. The court's entry states that the decedent died "intestate" on December 29, 2001, and that he was "domiciled in" Lawrence County.
{¶ 5} On January 12, 2006, appellant, as personal representative of Donald Black, filed a second wrongful death complaint against appellee in the Scioto County Common Pleas Court. Appellee filed a summary judgment motion and argued, in part, that appellant is not a proper administrator of the decedent's estate and, thus, she lacks standing to bring a wrongful death action. Appellee claimed that appellant misrepresented to the Lawrence County Probate Court that the decedent was an Ohio resident. Appellee argued that because the decedent was not a resident of Lawrence County, the Lawrence County Probate Court lacked jurisdiction to appoint her the *Page 3 administrator of the decedent's estate.
{¶ 6} The trial court determined that appellant was not a proper administrator of the decedent's estate and that she lacked standing to institute a wrongful death action. Thus, the court granted appellee summary judgment. This appeal followed.
{¶ 7} In her sole assignment of error, appellant asserts that the trial court erred by granting appellee summary judgment. In particular, she claims that the trial court improperly concluded that she was not the proper administrator of her deceased husband's estate because the court should have been bound by the Lawrence County Probate Court's decision to appoint her the estate administrator.
{¶ 8} Appellee argues that the trial court properly entered summary judgment in its favor because appellant lacked standing to institute the wrongful death action. Appellee maintains that the Lawrence County Probate Court lacked jurisdiction to appoint her the administrator of her deceased hustand's estate and, thus, its judgment is void. Appellee asserts that R.C.
Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. No evidence or stipulation may be considered except as stated in this rule. A summary judgment shall not be rendered unless it appears from the evidence or stipulation, and only from the evidence or stipulation, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence or stipulation construed most strongly in the party's favor.
{¶ 10} Thus, a trial court may not enter a summary judgment unless the evidence demonstrates that (1) no genuine issue as to any material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing the evidence most strongly in favor of the nonmoving party, that conclusion is adverse to the party against whom the motion for summary judgment is made. See, e.g., Vahila v. Hall (1997),
{¶ 12} In the case at bar, the Lawrence County Probate Court appointed appellant the administrator of Donald Black's estate. Thus, under R.C.
{¶ 13} This appeal requires us to consider whether the Lawrence County Probate Court's judgment that appointed appellant the administrator of Donald Black's estate is void. If so, that judgment is a legal nullity that appellee may collaterally attack in the wrongful death case and that the trial court could refuse to recognize. See, generally,Ohio Pyro, Inc. v. Ohio Dept. of Commerce, — Ohio St.3d-, 2007-Ohio-5024,-N.E.2d-, at ¶ 37 (stating that "a collateral attack on a judgment issued by a different court in a civil case will succeed only when the first ruling was issued without jurisdiction * * *").
{¶ 15} Generally, a party may not collaterally attack a valid judgment. Ohio Pyro at ¶ 22 and ¶ 24 (stating that collateral attacks "are disfavored" and "will succeed only in certain very limited situations"). A party may, however, collaterally attack a judgment that is void ab initio. Pratts v. Hurley,
{¶ 16} More particular to the case at bar, this court previously addressed a party's ability to collaterally attack a probate court's judgment and stated:
"It is generally recognized that Probate Courts in Ohio are courts of record and their judgments are to be immune from collateral attack, especially if the attack raises a question of irregularity or procedural defect. It is also generally recognized that the void action of any court in Ohio, including the Probate Court, may be raised in a separate and distinct action even as a collateral attack, because any attack on a void judgment is deemed to be a direct attack."
Horn,
{¶ 17} Based upon the foregoing authorities, 1 we disagree with appellant's assertion that the Scioto County Common Pleas Court lacked the ability to void the Lawrence County Probate Court's judgment. If indeed the probate court lacked subject-matter jurisdiction, then its judgment is a legal nullity.
{¶ 19} In addition to subject-matter jurisdiction, a court must also have jurisdiction over a particular case. See Pratts, at ¶ 12. "``"[J]urisdiction over the particular case encompasses the trial court's authority to determine a specific case within that class of cases that is within its subject matter jurisdiction."'" Id., quoting State v.Parker,
{¶ 21} In State ex rel. Lee v. Trumbull County Probate Court (1998),
{¶ 22} The appellate court granted the probate court's motion for judgment on the pleadings and thus denied the writ. The Ohio Supreme Court reversed and remanded, and concluded that the probate court "might patently and unambiguously lack jurisdiction." Id. at 374. The court explained: "Because the probate court is a court of limited jurisdiction, probate proceedings are restricted to those actions permitted by statute and by the Constitution. Under R.C.
{¶ 23} We believe that Lee is instructive. Like the decedent inLee, the decedent in the case at bar was not a resident of Ohio. The Ohio Supreme Court's holding in Lee states that R.C.
{¶ 24} In the case sub judice, the Lawrence County Probate Court appointed appellant the administrator of a non-resident defendant's estate. Based upon the foregoing authorities, its judgment is void, i.e., a legal nullity. Because its judgment is void, appellee could collaterally attack the judgment in a separate and distinct proceeding, i.e., the Scioto County Common Pleas Court wrongful death case. Contrary to appellant's argument, the Scioto County Common Pleas Court need not give effect to a void judgment rendered in another court. Once the Scioto County Common Pleas Court determined that the probate court's judgment was void, it properly determined that appellant lacked standing to institute the wrongful death action inasmuch as she is not the lawfully appointed administrator of the decedent's estate. Because appellant lacks standing to maintain the wrongful death action, the trial court properly granted appellee judgment as a matter of law. We also note that once appellee raised the question regarding the validity of the probate court's judgment, appellant failed to respond with facts and evidence to show that the decedent was, in fact, an Ohio resident, or to take other steps to become a proper administrator of his estate.3 Appellant did not assert in the trial court that the decedent resided in Lawrence County, Ohio at the time of his death.
{¶ 25} Accordingly, based upon the foregoing reasons, we overrule appellant's sole assignment of error and affirm the trial court's judgment.
*Page 13JUDGMENT AFFIRMED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Scioto County Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Abele, P.J., Kline, J. McFarland, J.: Concur in Judgment Opinion
A & S PRODUCTS CORP. v. Parker , 334 Mass. 189 ( 1956 )
Steel Co. v. Citizens for a Better Environment , 118 S. Ct. 1003 ( 1998 )
Martin v. Wilks , 109 S. Ct. 2180 ( 1989 )
De Garza v. Chetister , 62 Ohio App. 2d 149 ( 1978 )
State v. Swiger , 125 Ohio App. 3d 456 ( 1998 )