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QUIET TITLE | Ohio Appeals Court Precludes US BANK From Pursuing Any Further Action on the Note, Finds Unenforceable

QUIET TITLE | Ohio Appeals Court Precludes US BANK From Pursuing Any Further Action on the Note, Finds Unenforceable


COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT

~

U.S. BANK, N.A., AS TRUSTEE

Plaintiff-Appellee
-vs-

GIUSEPPE GULLOTTA, ET AL.

Defendant-Appellant

EXCERPT:

{¶24} Based on the foregoing, we find the two-dismissal rule of Civ.R. 41(A) applies and res judicata barred U.S. Bank’s complaint in this case. We find the practical effect of the same precludes U.S. Bank from pursuing any further action on the note. Because the mortgage draws its essence from the note, we find it unenforceable. We find the trial court erred in not granting Appellant’s motion for summary judgment to quiet title.2

{¶25} Appellant’s two assignments of error are sustained.

{¶26} The judgment of the Stark County Court of Common Pleas is reversed.

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[ipaper docId=55153519 access_key=key-2obzgx79r0dnpjk3s2kp height=600 width=600 /]

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