Brewer v. Salins
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[Cite as Brewer v. Salins, 2003-Ohio-6232.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO E. DWAYNE BREWER : Plaintiff-Appellee vs. : : C.A. CASE NO. 19624 T.C. CASE NO. 99CVG404 CYNTHIA A. SALINS : (Civil Appeal from Municipal Court) Defendant-Appellant : . . . . . . . . . O P I N I O N Rendered on the 21st day of November, 2003. . . . . . . . . . E. Dwayne Brewer, 13048 State Route 725, Germantown, Ohio 45327 Plaintiff-Appellee, Pro Se Cynthia A. Salins, 193 Braxton Road, Jamestown, Kentucky 42629 Defendant-Appellant, Pro Se . . . . . . . . . GRADY, J. {¶1} On June 28, 1999, the Miamisburg Municipal Court awarded a money judgment of six hundred and ninety-five dollars against Defendant-Appellant, Cynthia A. Salins, and in favor of Plaintiff-Appellee, E. Dwayne forcible entry and detainer. Brewer, on Brewer s claim for Previously, on June 15, 1999, the court had ordered the premises restored to Brewer. {¶2} Salins filed a notice of appeal to this court from the June 15, 1999 order of restitution. Upon review, we affirmed the Municipal v. Court s order. Brewer Salins (May 18, 2001), 2 In doing so we noted that any error Montgomery App. No. 18152. or defect in the June 28, 1999 judgment for money damages was not before us because Salins had not filed a notice of appeal from that judgment. {¶3} Id. Salins filed an application for reconsideration, which we denied. She also sought review of our decision by the Supreme Court of Ohio, which declined jurisdiction. {¶4} Subsequently, on May 9, 2002, Salins filed a motion asking the Miamisburg Municipal Court to vacate its June 28, 1999, award of money damages. relief that Salins filed The motion and other requests for were referred to a magistrate, rendered a decision denying the relief Salins requested. filed objections. who Salins The court overruled her objections and adopted the magistrate s decision on September 25, 2002. {¶5} Salins filed a timely notice of Municipal Court s order of September 25, 2002. assignments of error. appeal from the She presents five They challenge findings the trial court made when it denied her motion to vacate and for other relief. The findings, like Salins motions, concern alleged defects in the pleadings and other documents in the proceeding which result in the June 28, 1999 award of money damages. {¶6} which The order of June 28, 1999 was a final order, from no appeal was taken. thereafter modify its terms. The Municipal Court could not Neither could the court vacate the judgment for some procedural irregularity, to the extent that any of the grounds in Civ.R. 60(B)(1)-(3) might be implicated, because the motion to vacate that Salins filed on May 9, 2002, 3 was filed more than one year after the money judgment of June 28, 1999, had been entered. The court then could not grant the other relief that Salins also sought, which was to stay the relief the court had awarded alleged misconduct. Brewer and/or to impose sanctions for his Therefore, the court did not err or abuse its discretion when it overruled the motions Salins filed. {¶7} The assignments of error are overruled. of the trial court will be affirmed. FAIN, P.J. and YOUNG, J., concur. Copies mailed to: E. Dwayne Brewer Cynthia A. Salins Hon. Robert A. Messham, Jr. The judgment
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