Drushal v. Miller

Summary

The Supreme Court of Ohio held that the Fourth District erred in dismissing the Nickells' appeal from a default judgment transferring a land-contract interest to judgment creditor Drushal as moot: nothing in the record indicated a voluntary satisfaction of the judgment, because the only affirmative act needed to execute it—recording the entry—was performed by Drushal, not the Nickells, and the Nickells' failure to obtain a stay did not amount to voluntary satisfaction or defeat restitution upon reversal. The court reversed and remanded to the trial court to consider the Nickells' Civ.R. 60(B) motion, declining to address their propositions of law concerning excess jurisdiction and waiver as unnecessary. Justice Fischer concurred in judgment only.