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WELLS FARGO BANK, N.A. v. ALLEN
2012 Ohio 175
Wells Fargo Bank, N.A., Plaintiff-Appellee,
v.
Patricia Allen, et al., Defendants-Appellants.
No. 96611.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
RELEASED AND JOURNALIZED: January 19, 2012.
James R. Douglass, James R. Douglass Co., LPA, 20521 Chagrin Blvd., Suite D, Shaker Heights, Ohio 44122, ATTORNEY FOR APPELLANTS.
Edward G. Bohnert, Reimer, Lorber & Arnovitz Co., LPA, P.O. Box 968, 2450 Edison Blvd., Twinsburg, Ohio 44087, Richard A. Freshwater, Thompson Hine LLP, 127 Public Square, 3900 Key Tower, Cleveland, Ohio 44114, Scott A. King, Jessica E. Salisbury, Thompson Hine LLP, Austin Landing I, 10050 Innovation Dr., Suite 400, Dayton, Ohio 45342, For Wells Fargo Bank, N.A. Mike DeWine, Ohio Attorney General, Melanie Cornelius, Assistant Attorney General, 150 East Gay Street, 21st Floor, Columbus, Ohio 43215, For State of Ohio, Dept. of Taxation. Eric H. Holder, Jr., Attorney General of the United States of America, By: Marlon A. Primes, U.S. Court House, 801 W. Superior Avenue, Suite 400, Cleveland, Ohio 44113, For United States of America, ATTORNEYS FOR APPELLEE.
Before: E. Gallagher, J., Celebrezze, P.J., and S. Gallagher, J.
JOURNAL ENTRY AND OPINIONEILEEN A. GALLAGHER, J. {¶ 1} Defendant-appellant Patricia Allen appeals from the judgment of the Cuyahoga County Court of Common Pleas granting plaintiff-appellee Wells Fargo Bank, N.A.'s ("Wells Fargo") motions for default and summary judgment. We dismiss for lack of a final appealable order. {¶ 2} On March 18, 2010, Wells Fargo filed a complaint for foreclosure against appellant, her unknown spouse, the State of Ohio Department of Taxation, Citifinancial, Inc., and the United States of America, relating to appellant's alleged nonpayment of a note secured by a mortgage on appellant's property. The complaint further alleged that Citifinancial, the State of Ohio Department of Taxation, and the United States of America have or claim to have an interest in the property. The matter was referred by the court to the court's magistrate to try the issues of law and fact. {¶ 3} Appellant answered Wells Fargo's complaint on April 7, 2010. The State of Ohio Department of Taxation and the United States of America answered and asserted separate interests in the property and demanded that their liens be accorded their rightful priority. Citifinancial failed to answer. {¶ 4} The record indicates that the magistrate granted summary judgment in favor of Wells Fargo against appellant on January 19, 2011. The magistrate further granted default judgment in favor of Wells Fargo against Citifinancial on January 20, 2011. The magistrate filed a decision ordering foreclosure on January 21, 2011. Notably, the magistrate's decision fails to ascertain the liens of the State of Ohio and the United States or the priority of such liens. On March 2, 2011, the trial court issued a journal entry in which it adopted and incorporated the magistrate's decision and ordered that "[Wells Fargo's] motions for default and summary judgment are granted. Judgment for [Wells Fargo] against [Appellant] in the sum of $96,480.02 with interest thereon at the rate of 5.78% per annum from 10/15/2009. Decree of foreclosure for [Wells Fargo]." The journal entry further provided that Wells Fargo may order the subject property to sheriff's sale. {¶ 5} Appellant presents two assignments of error arguing separately that the trial court erred in failing to dismiss Wells Fargo's claims because Wells Fargo lacked standing to prosecute this foreclosure action and erred in failing to stay the case because jurisdiction over the matter had previously been invoked in the United States District Court for the Northern District of California, San Jose Division. We dismiss for lack of a final appealable order.
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