Pheasant Ridge Assn., Inc. v. Harper

Summary

The Ohio Second District Court of Appeals affirmed a default judgment of foreclosure in favor of Pheasant Ridge Association, Inc. for unpaid property assessments. The court held that Harper failed to respond to the complaint or default-judgment motion and therefore could not raise defenses for the first time on appeal.

Holdings

1. The trial court did not abuse its discretion by granting the Association's motion for default judgment because Harper was properly served, failed to answer or otherwise respond within the time required by the Civil Rules, and presented no evidence or legal argument disputing the Association's right to foreclose.
2. A party may not raise new issues, defenses, or legal theories for the first time on appeal when they were not presented to the trial court; such issues are forfeited or waived for purposes of appeal.

Questions Presented

1. Whether the trial court abused its discretion by entering default judgment in favor of the Association on its foreclosure claim for unpaid assessments.
2. Whether Harper could raise defenses or new legal theories on appeal when he had not responded to the complaint or motion for default judgment in the trial court.

Disposition

affirmed