Homeside Lending, Inc. v. Crise, Unpublished Decision (10-29-2003)
Homeside Lending, Inc. v. Crise, Unpublished Decision (10-29-2003)
Opinion of the Court
{¶ 2} On October 1, 2002, Appellee, Homeside Lending, Inc., filed a complaint against Appellant, Appellant's wife, Denise Crise ("Crise"), GMAC Mortgage Corporation ("GMAC"), and the Lorain County Treasurer ("Treasurer"). Both Crise and the Treasurer filed answers; Appellant and GMAC failed to file responsive pleadings.
{¶ 3} Thereafter, Appellee filed a motion for summary judgment which was subsequently granted by the court on February 3, 2003. Appellant then filed both a notice of appeal and a motion for relief from judgment. On April 15, 2003, this Court remanded the matter for the limited purpose of ruling on the motion for relief from judgment. However, the trial court had previously denied the motion on April 2, 2003. It is from this decision that Appellant attempts to appeal.
{¶ 4} "A trial court does not have jurisdiction to determine a motion for relief from judgment during the pendency of an appeal, and any action then taken upon a Civ.R. 60(B) motion is null and void." Reese v.Proppe (1981),
Judgment reversed and cause remanded.
Baird, J., Carr, J. Concur.
Reference
- Full Case Name
- Homeside Lending, Inc. v. Floyd W. Crise, Jr.
- Cited By
- 2 cases
- Status
- Unpublished