Northgate v. Snack, Unpublished Decision (11-10-1999)
Northgate v. Snack, Unpublished Decision (11-10-1999)
Opinion of the Court
OPINION On October 1, 1998, appellee Northgate, LTD., filed a complaint and forcible entry and detainer for non-payment of rent against appellant Hubert Snack. In this complaint, appellee demanded: Judgment for the sum of two hundred five dollars ($205.00), restitution of the premises, interest, costs of this suit, any future rents or other charges which may become due to plaintiff from the defendant during the pendency of this action and any further relief as may be just and equitable in the premises.
The case proceeded to hearing in the Zanesville Municipal Court on appellee's claim for restitution. Following a hearing, the court granted restitution of the premises to appellee, and set a hearing on damages for November 23, 1998. The court found in its entry that appellant had been served with a summons, but had failed to answer or otherwise enter an appearance in the case. The hearing on damages was held on November 23, 1998, as scheduled. Appellant again failed to appear. On November 25, 1998, the court granted judgment to appellee in the amount of $1,615. The court indicated in this entry that based upon the evidence and testimony presented at the hearing, that appellee was entitled to past due rent, past due late fees, money for damages for physical damage to the premises caused by appellant, and court costs. The court specifically delineated the amount of damages due appellee for carpet replacement, painting, various cleaning expenses, and replacement of items. Appellant assigns one error on appeal:
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT AWARDED DEFAULT JUDGMENT EXCEEDING THE DEMAND IN PLAINTIFF/APPELLEE'S COMPLAINT.
Civ.R. 54 (C) provides that a judgment in default shall not be different in kind from, or exceed the amount of, that prayed for in the demand for judgment in the complaint. Appellant argues that because appellee only demanded $205 in the complaint, the court erred in awarding judgment in the amount of $1615. In the instant case, the court's judgment was not a default judgment. While the court recited that appellee made an oral motion for default judgment, the court specifically stated in its judgment entry that the ruling was based on the testimony and evidence presented at the hearing. Because appellant has not ordered a transcript in the instant case, we must presume the regularity of those findings. Knapp v. Edwards Laboratories (1980),
The judgment of the Zanesville Municipal Court is affirmed.
By Gwin, J., Wise, P.J., and Hoffman, J., concur
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