[Cite as Bazmore v. PT Auto Sales, 2025-Ohio-4921.]
IN THE COURT OF APPEALS OF OHIO SEVENTH APPELLATE DISTRICT COLUMBIANA COUNTY
NEKO BAZMORE,
Plaintiff-Appellee,
v.
PT AUTO SALES,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY Case No. 25 CO 0009
Civil Appeal from the Columbiana County Municipal Court, of Columbiana County, Ohio Case No. 2024 CVI 003410
BEFORE: Cheryl L. Waite, Carol Ann Robb, Mark A. Hanni, Judges.
JUDGMENT: Appeal Dismissed.
Neko Bazmore, Pro se, Plaintiff-Appellee
Timothy Galloway, PT Auto Sales, Pro se, Defendant-Appellant
Dated: October 27, 2025 –2–
WAITE, J.
{¶1} Appellee Neko Bazmore filed a small claims action against Appellant PT
Auto Sales (a sole proprietorship owned by Timothy Galloway) of East Liverpool, Ohio
because a used car he purchased had a broken engine, so he wanted his purchase price
returned. Appellant Galloway did not appear at the bench trial, and the trial court awarded
default judgment to Appellee. Appellant filed a “motion for reconsideration,” which was
denied. Appellant did not appeal the default judgment. Instead, he appealed the denial
of his request for reconsideration. Appellant claims on appeal that he was never served
with the complaint. The judgment entry he appeals is the denial of a so-called motion for
reconsideration. However, there is no provision in law for a motion for reconsideration of
a trial court order. As a motion for reconsideration of a final judgment is a nullity under
the Ohio Rules of Civil Procedure, an appeal from a ruling on a motion for reconsideration
is also a nullity and must dismissed. However, even if the trial court had construed
Appellant's motion as a Civ.R. 60(B) motion for relief from judgment, Appellant did not
properly rebut the presumption that ordinary mail service was completed, and hence, he
was properly served with the complaint. Appellant's sole assignment of error is overruled,
and the appeal is dismissed.
Facts and Procedural History
{¶2} Appellee Neko Bazmore filed a small claims complaint in the Columbiana
County Municipal Court on December 17, 2024. He claimed that he purchased a 2011
Chrysler 200 automobile from Appellant PT Auto Sales, owned by Timothy Galloway and
that he was promised the car was in good condition. He discovered later that the engine
had a broken head gasket. He asked for $3,377 in damages plus interest from October
Case No. 25 CO 0009 –3–
7, 2024. A bill of sale for the car was attached to the complaint listing the price as
$3,065.00.
{¶3} The clerk of courts mailed a copy of the complaint to Appellant by certified
mail on December 18, 2024. On January 21, 2025 the complaint was returned as
unclaimed and unable to forward. On January 22, 2025 the clerk sent a notice to Appellee
that the complaint had not been served and that Appellee could send an alternative
request for service. On January 28, 2025 Appellee requested a certificate of mailing of
the complaint. The complaint was served a second time, this time by ordinary mail, and
the certificate of mailing was filed January 29, 2025. On that same date the court sent a
notice to the parties that trial would be held on March 7, 2025. Neither the second
ordinary mail service nor the notice of the hearing was returned to the court as unclaimed
or undeliverable.
{¶4} The court held a hearing on March 7, 2025. Appellee appeared pro se, but
Appellant did not appear. The court granted default judgment to Appellee in the amount
of $3,065 plus interest at 8 percent. The final judgment entry was filed on March 7, 2025.
A copy of the final judgment sent to Appellant was not returned as undeliverable. No
appeal was taken of the judgment.
{¶5} On March 13, 2025, Appellant filed a motion seeking reconsideration of the
March 7, 2025 default judgment awarded to Appellee. In this motion Appellant argued he
did not receive notice of the March 7, 2025 court date. The court denied the motion on
March 17, 2025.
{¶6} On March 31, 2025, Appellant filed an appeal of the March 17, 2025
judgment entry denying the request for reconsideration. Appellant filed a brief on June
Case No. 25 CO 0009 –4–
12, 2025. Appellee filed a document purporting to be a responsive brief on July 30, 2025,
but this Court rejected the filing and ordered Appellee to file a conforming brief. .
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED IN ENTERING DEFAULT JUDGEMENT [SIC]
AGAINST APPELLANT WITHOUT PROPER SERVICE OF PROCESS.
THE TRIAL COURT ERRED BY DENYING APPELLANT'S MOTION FOR
RELIEF FROM JUDGEMENT [SIC] UNDER CIV.R.60(B), WHERE
APPELLANT DEMONSTRATED HE WAS NEVER NOTIFIED OF THE
PROCEEDINGS AND HAD A MERITORIOUS DEFENSE.
{¶7} Appellant argues that he did not receive service of the complaint and that
default judgment against him was improper. He argues that he filed a motion for relief
from judgment, that he attached proof that he was not served, and that the trial court
should have granted relief from judgment.
{¶8} Appellant's argument is incorrect in a number of ways. First, Appellant filed
a motion for “reconsideration” of the final judgment. The trial court’s denial of this motion
for reconsideration is the sole order on appeal. However, a motion for reconsideration of
a final judgment is a nullity under the Rules of Civil Procedure. Nannicola v. Rosan, 2012-
Ohio-5338, ¶ 5 (7th Dist.), citing Pitts v. Ohio Dept. of Transp., 67 Ohio St .2d 378 (1981),
paragraph one of the syllabus. As such motion is not provided by law, any appeal from
a ruling on such a motion is also a nullity that must be dismissed for lack of jurisdiction.
Coutcher v. Coutcher, 2003-Ohio-791, ¶ 11 (6th Dist.).
Case No. 25 CO 0009 –5–
{¶9} Assuming arguendo dismissal was not required and Appellant could litigate
this appeal on the merits, his assignment of error would fail regardless because in his
motion for reconsideration he argued that he did not receive notice of the March 7, 2025
hearing date, but on appeal he argues that he was not properly served with the complaint.
Appellant cannot argue on appeal that the trial court failed to reconsider an issue that it
was not asked to reconsider in Appellant's request for reconsideration.
{¶10} Further assuming that Appellant could challenge service of the complaint in
this appeal, the record shows that service was attempted on December 18, 2024, but was
returned as unclaimed and unable to forward. The clerk notified Appellee of the failed
service, and Appellee requested service by ordinary mail. A second service was made
on January 29, 2025. A certificate of mailing was filed. The ordinary mail service was
not returned. There is no indication that there was failure of service as undeliverable.
The record shows that the procedure for service of a complaint set forth in Civ.R. 4.6 was
followed.
{¶11} A hearing date of March 7, 2025 was set by the court and notice of the
hearing was sent on January 29, 2025. This notice indicates that a copy was sent to
Appellant. Again, this notice was not returned as unclaimed or undeliverable. Appellant
was also sent a copy of the final judgment, and likewise, it was not returned as unclaimed
or undeliverable. Appellant admits he did receive the final judgment mailed to him.
{¶12} Appellant claims the court should have granted a Civ.R.
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[Cite as Bazmore v. PT Auto Sales, 2025-Ohio-4921.]
IN THE COURT OF APPEALS OF OHIO SEVENTH APPELLATE DISTRICT COLUMBIANA COUNTY
NEKO BAZMORE,
Plaintiff-Appellee,
v.
PT AUTO SALES,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY Case No. 25 CO 0009
Civil Appeal from the Columbiana County Municipal Court, of Columbiana County, Ohio Case No. 2024 CVI 003410
BEFORE: Cheryl L. Waite, Carol Ann Robb, Mark A. Hanni, Judges.
JUDGMENT: Appeal Dismissed.
Neko Bazmore, Pro se, Plaintiff-Appellee
Timothy Galloway, PT Auto Sales, Pro se, Defendant-Appellant
Dated: October 27, 2025 –2–
WAITE, J.
{¶1} Appellee Neko Bazmore filed a small claims action against Appellant PT
Auto Sales (a sole proprietorship owned by Timothy Galloway) of East Liverpool, Ohio
because a used car he purchased had a broken engine, so he wanted his purchase price
returned. Appellant Galloway did not appear at the bench trial, and the trial court awarded
default judgment to Appellee. Appellant filed a “motion for reconsideration,” which was
denied. Appellant did not appeal the default judgment. Instead, he appealed the denial
of his request for reconsideration. Appellant claims on appeal that he was never served
with the complaint. The judgment entry he appeals is the denial of a so-called motion for
reconsideration. However, there is no provision in law for a motion for reconsideration of
a trial court order. As a motion for reconsideration of a final judgment is a nullity under
the Ohio Rules of Civil Procedure, an appeal from a ruling on a motion for reconsideration
is also a nullity and must dismissed. However, even if the trial court had construed
Appellant's motion as a Civ.R. 60(B) motion for relief from judgment, Appellant did not
properly rebut the presumption that ordinary mail service was completed, and hence, he
was properly served with the complaint. Appellant's sole assignment of error is overruled,
and the appeal is dismissed.
Facts and Procedural History
{¶2} Appellee Neko Bazmore filed a small claims complaint in the Columbiana
County Municipal Court on December 17, 2024. He claimed that he purchased a 2011
Chrysler 200 automobile from Appellant PT Auto Sales, owned by Timothy Galloway and
that he was promised the car was in good condition. He discovered later that the engine
had a broken head gasket. He asked for $3,377 in damages plus interest from October
Case No. 25 CO 0009 –3–
7, 2024. A bill of sale for the car was attached to the complaint listing the price as
$3,065.00.
{¶3} The clerk of courts mailed a copy of the complaint to Appellant by certified
mail on December 18, 2024. On January 21, 2025 the complaint was returned as
unclaimed and unable to forward. On January 22, 2025 the clerk sent a notice to Appellee
that the complaint had not been served and that Appellee could send an alternative
request for service. On January 28, 2025 Appellee requested a certificate of mailing of
the complaint. The complaint was served a second time, this time by ordinary mail, and
the certificate of mailing was filed January 29, 2025. On that same date the court sent a
notice to the parties that trial would be held on March 7, 2025. Neither the second
ordinary mail service nor the notice of the hearing was returned to the court as unclaimed
or undeliverable.
{¶4} The court held a hearing on March 7, 2025. Appellee appeared pro se, but
Appellant did not appear. The court granted default judgment to Appellee in the amount
of $3,065 plus interest at 8 percent. The final judgment entry was filed on March 7, 2025.
A copy of the final judgment sent to Appellant was not returned as undeliverable. No
appeal was taken of the judgment.
{¶5} On March 13, 2025, Appellant filed a motion seeking reconsideration of the
March 7, 2025 default judgment awarded to Appellee. In this motion Appellant argued he
did not receive notice of the March 7, 2025 court date. The court denied the motion on
March 17, 2025.
{¶6} On March 31, 2025, Appellant filed an appeal of the March 17, 2025
judgment entry denying the request for reconsideration. Appellant filed a brief on June
Case No. 25 CO 0009 –4–
12, 2025. Appellee filed a document purporting to be a responsive brief on July 30, 2025,
but this Court rejected the filing and ordered Appellee to file a conforming brief. .
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED IN ENTERING DEFAULT JUDGEMENT [SIC]
AGAINST APPELLANT WITHOUT PROPER SERVICE OF PROCESS.
THE TRIAL COURT ERRED BY DENYING APPELLANT'S MOTION FOR
RELIEF FROM JUDGEMENT [SIC] UNDER CIV.R.60(B), WHERE
APPELLANT DEMONSTRATED HE WAS NEVER NOTIFIED OF THE
PROCEEDINGS AND HAD A MERITORIOUS DEFENSE.
{¶7} Appellant argues that he did not receive service of the complaint and that
default judgment against him was improper. He argues that he filed a motion for relief
from judgment, that he attached proof that he was not served, and that the trial court
should have granted relief from judgment.
{¶8} Appellant's argument is incorrect in a number of ways. First, Appellant filed
a motion for “reconsideration” of the final judgment. The trial court’s denial of this motion
for reconsideration is the sole order on appeal. However, a motion for reconsideration of
a final judgment is a nullity under the Rules of Civil Procedure. Nannicola v. Rosan, 2012-
Ohio-5338, ¶ 5 (7th Dist.), citing Pitts v. Ohio Dept. of Transp., 67 Ohio St .2d 378 (1981),
paragraph one of the syllabus. As such motion is not provided by law, any appeal from
a ruling on such a motion is also a nullity that must be dismissed for lack of jurisdiction.
Coutcher v. Coutcher, 2003-Ohio-791, ¶ 11 (6th Dist.).
Case No. 25 CO 0009 –5–
{¶9} Assuming arguendo dismissal was not required and Appellant could litigate
this appeal on the merits, his assignment of error would fail regardless because in his
motion for reconsideration he argued that he did not receive notice of the March 7, 2025
hearing date, but on appeal he argues that he was not properly served with the complaint.
Appellant cannot argue on appeal that the trial court failed to reconsider an issue that it
was not asked to reconsider in Appellant's request for reconsideration.
{¶10} Further assuming that Appellant could challenge service of the complaint in
this appeal, the record shows that service was attempted on December 18, 2024, but was
returned as unclaimed and unable to forward. The clerk notified Appellee of the failed
service, and Appellee requested service by ordinary mail. A second service was made
on January 29, 2025. A certificate of mailing was filed. The ordinary mail service was
not returned. There is no indication that there was failure of service as undeliverable.
The record shows that the procedure for service of a complaint set forth in Civ.R. 4.6 was
followed.
{¶11} A hearing date of March 7, 2025 was set by the court and notice of the
hearing was sent on January 29, 2025. This notice indicates that a copy was sent to
Appellant. Again, this notice was not returned as unclaimed or undeliverable. Appellant
was also sent a copy of the final judgment, and likewise, it was not returned as unclaimed
or undeliverable. Appellant admits he did receive the final judgment mailed to him.
{¶12} Appellant claims the court should have granted a Civ.R. 60(B) motion for
relief from judgment, even though a Civ.R. 60(B) motion was not filed. The only motion
filed by Appellant sought reconsideration of the final order. Even if Appellant had properly
filed a Civ.R. 60(B) motion pursuant to rule, he did not attach any rebuttal evidence to the
Case No. 25 CO 0009 –6–
motion, such as an affidavit describing why he believed he did not receive the complaint.
Even so, the trial court would have been within its discretion to overrule the motion. "A
motion for relief from judgment under Civ.R. 60(B) is addressed to the sound discretion
of the trial court, and that court's ruling will not be disturbed on appeal absent a showing
of abuse of discretion." Hamilton v. Spirtos, 2002-Ohio-1562, ¶ 23 (7th Dist.), citing
Griffey v. Rajan, 33 Ohio St.3d 75, 77 (1987). "The term 'abuse of discretion' means an
error in judgment involving a decision that is unreasonable based upon the record; that
the appellate court merely may have reached a different result is not enough." Craig v.
Athey, 2025-Ohio-336, ¶ 22 (7th Dist.), citing In re S.S.L.S., 2013-Ohio-3026, ¶ 22 (7th
Dist.).
{¶13} Appellant acknowledges that service sent by ordinary mail is deemed
complete if not returned showing failure of delivery. Cent. Ohio Sheet Metal, Inc. v.
Walker, 2004-Ohio-2816, ¶ 9 (10th Dist.). "Service shall be deemed complete when the
fact of mailing is entered of record, provided that the ordinary mail envelope is not
returned by the postal authorities with an endorsement showing failure of delivery." Civ.R.
4.5(D). The presumption of delivery is rebuttable if a proper Civ.R. 60(B) motion is filed,
but whether it has been rebutted is within the discretion of the trial court. Cent. Ohio
Sheet Metal, Inc. at ¶ 7. Importantly, Appellant does not deny he received notice of the
final judgment at the same address that he claims he did not receive the complaint or
notice of the hearing.
{¶14} Appellant's argument fails on jurisdictional grounds, but would also fail
based on the facts even if we had jurisdiction in this case. For the reasons discussed
above, Appellant's assignment of error is overruled, and the appeal is dismissed.
Case No. 25 CO 0009 –7–
Conclusion
{¶15} This matter began as a small claims action. Appellant did not appear at
trial. The trial court granted default judgment to Appellee. Appellant filed a motion
purporting to seek reconsideration with the trial court, stating that he never received notice
of the hearing. The court denied the motion and Appellant appealed only that judgment
entry. On appeal, Appellant argues he was never served with the complaint. Because
this appeal is directed to denial of a motion for reconsideration of a final judgment, and
such a motion is a nullity, we have no jurisdiction and the appeal must be dismissed.
Even if Appellant had filed the appropriate motion for relief from judgment, the record
shows the complaint and the notice of trial were served by ordinary mail and were not
returned by the USPS, and that Appellant received other mail from the court at the same
address. This record reveals the procedure for service described in Civ.R. 4.6(D) was
followed. Appellant's sole assignment of error is overruled, and the appeal is hereby
dismissed for lack of jurisdiction.
Robb, P.J. concurs.
Hanni, J. concurs.
Case No. 25 CO 0009 [Cite as Bazmore v. PT Auto Sales, 2025-Ohio-4921.]
For the reasons stated in the Opinion rendered herein, Appellant’s assignment of
error is overruled, and the appeal is hereby dismissed for lack of jurisdiction. Costs to be
taxed against the Appellant.
A certified copy of this opinion and judgment entry shall constitute the mandate in
this case pursuant to Rule 27 of the Rules of Appellate Procedure. It is ordered that a
certified copy be sent by the clerk to the trial court to carry this judgment into execution.
NOTICE TO COUNSEL
This document constitutes a final judgment entry.