KLOSTERMAN v. TURNKEY-OHIO, L.L.C.

No. 08AP-774.

182 Ohio App.3d 515 (2009)

2009-Ohio-2508

KLOSTERMAN, Appellee, v. TURNKEY-OHIO, L.L.C., et al. Appellees; Klaus, Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided May 28, 2009.


Attorney(s) appearing for the Case

Hrabcak & Company, L.P.A., Michael Hrabcak, and Heidi A. Smith, for appellee Kevin Klosterman.

Law Offices of James P. Connors and James P. Connors, for appellant.


FRENCH, Presiding Judge.

{¶ 1} The issue presented in this appeal is whether a trial court has subject-matter jurisdiction to render judgment on a note, purported to be a cognovit note, that does not contain a warrant of attorney. We conclude that a trial court does not have subject-matter jurisdiction in these circumstances.

{¶ 2} On November 16, 2005, plaintiff-appellee, Kevin Klosterman, filed a complaint against Turnkey...

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