Edwards v. Galluzzo

2024 Ohio 2005
CourtOhio Court of Appeals
DecidedMay 24, 2024
Docket2023-CA-21
StatusPublished
Cited by1 cases

This text of 2024 Ohio 2005 (Edwards v. Galluzzo) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. Galluzzo, 2024 Ohio 2005 (Ohio Ct. App. 2024).

Opinion

[Cite as Edwards v. Galluzzo, 2024-Ohio-2005.]

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT CHAMPAIGN COUNTY

ROBIN K. EDWARDS, : CHAMPAIGN COUNTY TREASURER : : C.A. No. 2023-CA-21 Appellees : : Trial Court Case No. 2022 CV 00033 v. : : (Civil Appeal from Common Pleas MICHAEL GALLUZZO, ET AL. : Court) : Appellant :

...........

OPINION

Rendered on May 24, 2024

MICHAEL GALLUZZO, Pro Se Appellant

JANE A. NAPIER, Attorney for Appellee

.............

LEWIS, J.

{¶ 1} Defendant-Appellant Michael Galluzzo appeals from an order of the

Champaign County Common Pleas Court, which granted summary judgment in favor of

Robin Edwards0. in her official capacity as Champaign County Treasurer (“Treasurer”). -2-

For the following reasons, we will affirm the trial court’s judgment.

I. Facts and Procedural History

{¶ 2} On March 17, 2022, the Champaign County Prosecutor’s Office filed a

delinquent tax foreclosure complaint on behalf of the Treasurer against Michael Galluzzo

(“Galluzzo”), Larry Galluzzo (“Larry”), and the Unknown Spouse of Larry Galluzzo

(“Unknown Spouse”), to foreclose on two parcels of real property located at 307 East

Main Street in St. Paris, Ohio, which is located in Champaign County. The complaint

alleged that Galluzzo was the record owner of the parcels and that Larry might have had

an interest in the property by virtue of a $75,000 lien, which was recorded September 26,

2011. Because the recorded deed did not identify whether Larry was married, the

complaint also included the Unknown Spouse as an individual who may have had an

interest by virtue of any dower.

{¶ 3} The complaint further alleged that the Champaign County Auditor, pursuant

to R.C. 5721.13, had filed a delinquent land tax certificate for the parcels with the

Champaign County Prosecutor’s Office. According to the certificate, a total amount of

$6,251.76, together with unpaid interest, court costs, and penalties, was owed and due.

The complaint alleged that the taxes had been delinquent for at least one year after having

been certified as delinquent and that the State of Ohio had the first and best lien on the

real property pursuant to R.C. 5721.10. The complaint sought an order that the liens on

the property be marshaled, that the property be sold by the Champaign County Sheriff

pursuant to R.C. 5721.19, and that the amount due, including any additional taxes,

assessments, or penalties accrued during the pendency of the action, be paid to the -3-

Treasurer from the proceeds of the sale of the parcels.

{¶ 4} An October 18, 2021 certificate of title, which identified the two parcels in

detail, was attached to the filing of the complaint. The certificate indicated that the

parcels were vested in Galluzzo by virtue of a September 19, 2011 Quit Claim Deed from

Larry, which was recorded on September 20, 2011, with the Champaign County

Recorder’s Office. According to the certificate, there was a lien on the property held by

Larry in the original amount of $75,000, which was recorded on September 26, 2011 with

the Champaign County Recorder’s Office. The total taxes for tax year 2020 for the two

parcels amounted to $543.72 per half year, with a 2020 Homestead Reduction of $188.38

per half year, with a total arrearage at that time of $5,590.

{¶ 5} Galluzzo was served with the complaint by certified mail on April 4, 2022.

Although a summons was sent to Larry’s last known address in Cincinnati, Ohio, Larry

and the Unknown Spouse were also served by publication in the Urbana Daily Citizen, a

daily newspaper of general circulation in Urbana, which is in Champaign County. Notice

of the complaint and summons was posted once a week for three consecutive weeks with

service completed on April 8, 2022. Galluzzo was also listed in the publication.

{¶ 6} On May 5, 2022, Galluzzo filed an answer, “in propria persona,” on behalf of

himself only, denying all the allegations set forth in the complaint (hereinafter “Answer”).

Galluzzo asserted several defenses. He stated that: the court had neither subject matter

nor personal jurisdiction; the Treasurer lacked the authority to assess and levy taxes; the

Treasurer failed to state a claim upon which relief could be granted; the complaint failed

to identify the real party in interest; the Treasurer lacked authority to collect property taxes; -4-

and the Treasurer lacked authority to assess and collect property taxes for school funding

or on “ ‘Indian Land’, i.e., Ohio.” Galluzzo’s Answer was signed in his name only.

{¶ 7} That same day, Galluzzo filed a “WRIT OF COUNTERCLAIM/CROSS

CLAIM” (hereinafter “Counterclaim”) requesting preliminary and injunctive relief, a

declaratory judgment, and a request for damages. Galluzzo’s Counterclaim also named

as parties Karen T. Bailey, the Champaign County Auditor (“Auditor”), and Glenda L.

Bayman, the Champaign County Recorder (“Recorder”). No praecipes for service were

filed relating to Galluzzo’s Counterclaim.

{¶ 8} On May 31, 2022, the Treasurer moved to strike Galluzzo’s Counterclaim or,

in the alternative, for a more definite statement. In response, on June 15, 2022, Galluzzo

filed a motion for leave to file an amended counterclaim.

{¶ 9} Without receiving leave of court, Galluzzo filed an “AMENDED WRIT OF

COUNTERCLAIM/THIRD PARTY CLAIM” (hereinafter “Amended Counterclaim”) on July

7, 2022. Galluzzo filed a praecipe with the Amended Counterclaim to be served by

certified mail.

{¶ 10} On August 4, 2022, the Treasurer filed a motion to dismiss or, in the

alternative, to strike Galluzzo’s Amended Counterclaim. After being granted additional

time to respond, Galluzzo filed a response.

{¶ 11} On September 20, 2022, the trial court issued a decision granting the

Treasurer’s motion to dismiss the Amended Counterclaim with prejudice, finding that the

Amended Counterclaim failed to state a claim upon which relief could be granted.

Galluzzo attempted to appeal that decision to this court, but we dismissed it for lack of a -5-

final appealable order.

{¶ 12} On January 31, 2023, the Treasurer filed a motion for summary judgment

against Galluzzo and for default judgment against Larry and the Unknown Spouse.

Accompanying the motion was a notarized affidavit of the Treasurer submitted in her

official capacity. In addition to the information alleged in the complaint, the affidavit also

provided that the parcels had been first certified delinquent on December 31, 2015, and

had remained delinquent since that time. The affidavit also stated that no tax certificate

respecting the property had been sold in accordance with R.C. 5721.32 or R.C. 5721.33

and taxes were not the subject of a valid delinquent tax contract under R.C. 323.31. As

of the date of filing the complaint, Galluzzo owed $6,251.76 in delinquent taxes, special

assessments, interest, and penalties to the Treasurer. The trial court, through a

magistrate, issued an entry setting a hearing on the Treasurer’s motion for March 9, 2023.

{¶ 13} On February 27, 2023, Galluzzo filed a response to the motion for summary

judgment in which he also included a response to the motion for default judgment against

Larry and the Unknown Spouse. Galluzzo argued that the Treasurer lacked jurisdiction

to bring the action, that the complaint failed to identify the proper party of interest, and

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2024 Ohio 2005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-galluzzo-ohioctapp-2024.