Wells Fargo Bank, Natl. Assn. v. Doberdruk

Summary

The court held that a foreclosure appeal remains justiciable after the property is sold and the sale proceeds are distributed because the appellant may obtain restitution under R.C. 2329.45 if the foreclosure judgment is reversed. The failure to obtain a stay or post a supersedeas bond does not eliminate that remedy or constitute voluntary satisfaction of the judgment. The court reversed the dismissal of the appeal and remanded for consideration of the merits.