Broadnax v. Greene Credit Service
| Decision Date | 04 April 1997 |
| Docket Number | No. 96-CA-113,96-CA-113 |
| Citation | 694 N.E.2d 167,118 Ohio App.3d 881 |
| Parties | BROADNAX, Appellant, v. GREENE CREDIT SERVICE et al., Appellees. * Second District, Greene County |
| Court | Ohio Court of Appeals |
Jason David Fregeau, Yellow Springs, for appellant.
Patrick J. Janis, Dayton, for appellee.
Plaintiff-appellant, Vaughn Broadnax, appeals from summary judgment rendered in favor of defendant-appellees, James Grout and Greene Credit Service. Broadnax contends that the trial court erred in finding that he failed to establish a genuine issue of fact regarding the elements necessary to maintain actions for malicious prosecution, abuse of process, and violation of the Ohio Consumer Sales Practices Act ("OCSPA"). He further contends that the trial court erred by dismissing his claim for civil rights violations. Finally, he claims that the trial court erred by ruling that his motion in limine to exclude certain character evidence was moot.
We conclude that the trial court correctly rendered judgment on Broadnax's claims for malicious prosecution, abuse of process, and violation of his civil rights. However, we find that the trial court erroneously granted judgment on Broadnax's claim alleging violations of the OCSPA. In light of our ruling remanding Broadnax's OCSPA claim, his motion in limine is no longer moot. However, we will not render an advisory opinion on the merits of the motion. Accordingly, the judgment of the trial court is reversed and this cause is remanded for a determination on the merits of Broadnax's OCSPA claim.
This case finds it origin in the issuance of a check in the amount of $165, which was returned for insufficient funds, and the subsequent criminal prosecution of the maker. The relevant facts in this case are derived from the pleadings, depositions, and transcript of an arbitration hearing.
In 1993, Broadnax was managing thirteen rental properties, located in Xenia, Ohio, on behalf of the estate of his mother, who died in 1992. In May 1993, Broadnax entered into an agreement with Don Humphrey whereby Humphrey agreed to perform repair and maintenance work upon two of the rental properties managed by Broadnax in exchange for the sum of $165. In his deposition, Broadnax stated that because he had to leave town for business training prior to completion of the work, he post-dated a check to Humphrey for $165. He testified that the check was dated either the 17th or the 19th of May.
Broadnax testified that he learned from a tenant of one of the rental properties that Humphrey had not done the work agreed upon. Broadnax testified that he attempted to call Humphrey, and that he also left a note on Humphrey's door, but that he received no response. Broadnax testified that he then withdrew some money from his checking account, at an ATM in New Jersey, in order to prevent the check from clearing the bank. Broadnax's testimony taken during the arbitration of this matter, however, indicates that when he was confronted with his bank records, he admitted that he did not withdraw the money through an ATM. While the evidence clearly shows that he did not put a stop payment order on the check, Broadnax's testimony is unclear as to what actions he actually took to prevent the check from clearing.
Broadnax testified that he learned that the check did not clear when it was returned to him for insufficient funds. He testified that he noticed that the date on the check had been altered. He testified that, in late May or early June, he received a "couple of calls on [his] answering machine * * * from Don's Super Value about the check he had written to the store." He testified that he later had a discussion with a person named Don regarding the check. He learned that Humphrey had negotiated the check at Don's Super Valu, by endorsing it to the store. Broadnax testified that he informed Don that "the check was no good because [Humphrey] didn't do the work and [Broadnax] took the money out of [his] account so it wouldn't cover it." He further testified that he told the person that he would not satisfy the check.
Broadnax testified that he next received a letter from Grout, of Greene Credit, stating that he had written a bad check to Don's Super Valu, and requesting the amount of the check plus a fee. Broadnax testified that he did not contact Grout regarding the letter, despite receiving messages from Greene Credit on his answering machine. Thereafter, Grout filed a complaint and affidavit with the Greene County Prosecutor alleging that Broadnax "with purpose to defraud issued a check in the amount of $165.00 (plus bad check fee of $20.00) to Don's Super Valu for payment of money being drawn upon Society National Bank knowing it would be dishonored." Broadnax next received a criminal summons. He testified that he did not contact Greene Credit even after the criminal complaint was filed because he "didn't feel [he] did anything to warrant the complaint."
Broadnax indicated that when he appeared in court for arraignment on the criminal charge he knew several people in the courtroom, including the acting judge. According to the transcript of the arraignment, Broadnax and the acting judge engaged in the following colloquy after the judge called his case:
Whereupon, the criminal charge was dismissed without prejudice. No further charges were filed.
During the pendency of this action, the parties took the deposition of the acting judge regarding the dismissal of the charge. According to the judge, he dismissed the charge for the following reasons:
The acting judge testified that he relied on Broadnax's representations in dismissing the charge. He also testified that he was acquainted with Broadnax because he had followed his "career through high school and at Ohio State, and [he] also knew his mother."
Thereafter, Broadnax initiated suit against Grout and Greene Credit. He originally filed this action in the United States District Court for the Southern District of Ohio. In the federal complaint, Broadnax alleged violations of the Fair Debt Collection Practices Act ("FDCPA") and the Ohio Consumer Sales Practices Act ("OCSPA"). Pursuant to that court's supplemental, or pendent, jurisdiction, he also filed various state tort claims, including malicious prosecution, abuse of process, invasion of privacy and defamation. The federal magistrate granted summary judgment in favor of Grout and Greene Credit on the grounds that Broadnax could not claim relief under the FDCPA. The magistrate's reasoning was based upon his findings that the FDCPA protects only consumer transactions, and that the transaction between Broadnax and Humphrey was commercial in nature. Having dismissed the federal cause of action, the magistrate declined to exercise supplemental jurisdiction over the state causes of action. Broadnax appealed.
During the pendency of the federal appeal, Broadnax filed his claims in the Greene County Court of Common Pleas. He added a claim for violation of his civil rights under Section 1983, Title 42, U.S. Code, which had not been pled in his federal cause of action. Both parties filed motions for summary judgment. The trial court dismissed Broadnax's claims for invasion of privacy and defamation, and overruled the motions regarding the remaining claims. Broadnax did not appeal from that decision. The matter proceeded to arbitration, and the arbitration panel found in favor of Grout and Greene Credit. Broadnax appealed to the trial court.
Grout and Greene Credit requested the trial court to reconsider their motion for summary judgment. Upon reconsideration, the trial court granted summary judgment in favor of Grout and Greene Credit, and dismissed all of Broadnax's claims with prejudice. It is from this order that Broadnax appeals.
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