Via: Attorney Andrew M. Engel [link]
This is a follow-up case to Schwartzwald. This is important because Wallace appealed from the denial of a motion to vacate a default judgment. WaMu had filed a motion to reactivate the case to allow for briefing of two issues: 1) whether standing could be waived by a defendant by failing to assert it as a defense; and 2) whether the “jurisdiction” the Court discussed in Schwartzwald was subject matter jurisdiction such that the judgment was void, as opposed to voidable.
SLIP OPINION NO. 2012-OHIO-5495
WASHINGTON MUTUAL BANK, F.A., APPELLEE,
v.
WALLACE ET AL., APPELLANT.
[Until this opinion appears in the Ohio Official Reports advance sheets,
it may be cited as Washington Mut. Bank, F.A. v. Wallace,
Slip Opinion No. 2012-Ohio-5495.]
Certified conflict question answered in the negative—Court of appeals’ judgment
reversed and cause remanded for further proceedings consistent with Fed.
Home Loan Mtge. Corp. v. Schwartzwald.
(Nos. 2011-1693 and 2011-1694—Submitted December 4, 2012—Decided
December 5, 2012.
APPEAL from and CERTIFIED by the Court of Appeals for Warren County,
No. CA2010-10-103, 2011-Ohio-4174.
__________________
{¶ 1} The certified conflict question is answered in the negative. The
judgment of the court of appeals is reversed, and the cause is remanded to the trial
court for further proceedings consistent with Fed. Home Loan Mtge. Corp. v.
Schwartzwald, ___ Ohio St.3d ___, 2012-Ohio-5017, ___ N.E.2d ___.
SUPREME COURT OF OHIO
O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,
LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.
__________________
Thompson Hine, L.L.P., Scott A. King, and Terry W. Posey Jr., for
appellee.
Andrew M. Engel, for appellant.
______________________
