Mattlin Holdings, L.L.C. v. First City Bank

2010 Ohio 3700, 937 N.E.2d 1087, 189 Ohio App. 3d 213
CourtOhio Court of Appeals
DecidedAugust 10, 2010
DocketNo. 10AP-2
StatusPublished
Cited by9 cases

This text of 2010 Ohio 3700 (Mattlin Holdings, L.L.C. v. First City Bank) 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
Mattlin Holdings, L.L.C. v. First City Bank, 2010 Ohio 3700, 937 N.E.2d 1087, 189 Ohio App. 3d 213 (Ohio Ct. App. 2010).

Opinion

Sadler, Judge.

{¶ 1} Plaintiffs-appellants, Betty L. Mattlin and Mattlin Holdings, L.L.C. (“Mattlin Holdings”), filed this appeal seeking reversal of a judgment of the [215]*215Franklin County Court of Common Pleas dismissing appellants’ claims against defendants-appellees, Fifth Third Bancorp (“Fifth Third”) and J.P. Morgan Chase Bank, N.A. (“Chase”).

{¶ 2} Some time in August or September 2004, David Rhodehamel approached First City Bank regarding a loan, acting individually and as the sole member of CSR Tremont L.L.C.. Rhodehamel claimed that CSR Tremont L.L.C. was the sole member of Mattlin Holdings and that the loan would be secured by an open-end mortgage and an assignment of rents on property owned by Mattlin Holdings. In fact, Betty Mattlin was the sole member of Mattlin Holdings.

{¶ 3} Rhodehamel presented a loan application to First City Bank, seeking a loan in the amount of $800,000. First City Bank granted the loan, resulting in a check in the amount of $795,496 being issued, which was payable to Mattlin Holdings. The check was drawn on an account held by Title First at Chase. The check was subsequently deposited at Fifth Third, in an account not held by Mattlin Holdings, even though the check was not indorsed. Chase honored the check in spite of the check not having been indorsed. Appellants did not become aware of the mortgage, the loan, or the check until some time in April 2009.

{¶ 4} Appellants filed this action asserting, among other claims against additional parties, claims against Fifth Third and Chase for conversion under the Uniform Commercial Code (“UCC”). Fifth Third filed a motion seeking dismissal of the conversion claim against it, pursuant to Civ.R. 12(B)(6), on the grounds that the claim was barred by the three-year statute of limitations set forth in R.C. 1303.16(G)(1). Appellants argued that the statute of limitations was tolled until they were able to discover the conversion of the check. The trial court concluded that Ohio law does not support application of a discovery rule to toll the limitations period set forth in R.C. 1303.16(G)(1) and dismissed the conversion claim against Fifth Third. The parties stipulated that the logic employed by the trial court would also apply to the conversion claim against Chase, and the trial court dismissed that claim as well.

{¶ 5} Appellants then filed this appeal, asserting a single assignment of error: The trial court erred in dismissing plaintiffs’-appellants’ claims against defendants-appellees Fifth-Third Bancorp and JP Morgan Chase that appellees improperly converted a check in the amount of $795,486.00 payable to plaintiff-appellant Mattlin Holdings, LLC.

{¶ 6} In deciding whether to grant a Civ.R. 12(B)(6) motion, a trial court must presume that all of the factual allegations set forth in the complaint are true and must construe the complaint in a light most favorable to the plaintiff. Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190, 532 N.E.2d 753. Only if it appears beyond doubt from the complaint that the plaintiff can prove no set of facts that [216]*216would entitle the plaintiff to recovery can the trial court dismiss a complaint pursuant to Civ.R. 12(B)(6). O’Brien v. Univ. Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753. A complaint may be dismissed, pursuant to Civ.R. 12(B)(6), for failing to comply with the applicable statute of limitations if it is clear from the face of the complaint that the claim is time-barred. Williams v. Bur. of Workers’ Comp., 10th Dist. No. 09AP-1076, 2010-Ohio-3210, 2010 WL 2706160. Our review of a trial court’s grant of a motion to dismiss, pursuant to Civ.R. 12(B)(6), is de novo. Id.

{¶ 7} Generally, a cause of action accrues and the statute of limitations begins to run at the time the wrongful act was committed. Collins v. Sotka (1998), 81 Ohio St.3d 506, 692 N.E.2d 581. For certain types of cases, a discovery rule applies, and the statute of limitations does not begin to run until the plaintiff discovers or, through the exercise of reasonable diligence, should have discovered a possible cause of action. Doe v. Archdiocese of Cincinnati, 109 Ohio St.3d 491, 2006-Ohio-2625, 849 N.E.2d 268.

{¶ 8} In this case, there is no dispute that the claims against appellees were filed after the expiration of the relevant statute of limitations period, which is the three-year period set forth in R.C. 1303.16(G)(1). The issue is whether the statute of limitations applicable to appellants’ cause of action can be tolled by application of the discovery rule. Generally, the discovery rule can act to toll the statute of limitations for claims for common-law conversion and fraud. See Cundall v. U.S. Bank, 122 Ohio St.3d 188, 2009-Ohio-2523, 909 N.E.2d 1244. In this case, the trial court held that the discovery rule does not apply to appellants’ cause of action, which is one for conversion under the UCC.

{¶ 9} In reaching its conclusion that no discovery rule would apply to appellants’ UCC conversion claims against appellees, the trial court relied on the decisions by Judge Nugent of the United States District Court for the Northern Division of Ohio in Metz v. Unizan Bank (2006), 416 F.Supp.2d 568, and Loyd v. Huntington Natl. Bank (June 18, 2009), N.D.Ohio No. 1:08CV2301, 2009 WL 1767585. Metz involved a number of claims, including claims for conversion of a negotiable instrument, brought as a class action against a number of financial institutions. One of the issues before the court was whether a discovery rule would act to toll the three-year statute of limitations set forth in R.C. 1303.16(G)(1).

{¶ 10} The court first considered a number of cases that had considered whether a discovery rule applied to toll various statutes of limitations that applied to conversion claims prior to the adoption of R.C. 1303.16(G). Two cases had declined to apply a discovery rule, while one case had applied the rule. Palmer Mfg. & Supply v. BancOhio Natl. Bank (1994), 93 Ohio App.3d 17, 637 N.E.2d 386 (no discovery rule); Brentar v. Rupert (Dec. 17, 1998), 8th Dist. No. 73903, [217]*2171998 WL 895285 (no discovery rule); Geraldo v. First Dominion Mut. Life Ins. Co., 6th Dist. No. L-01-1210, 2002-Ohio-4654, 2002 WL 31002770 (discovery rule applied based on specific statutory language). The court concluded that those cases, while helpful in assessing whether Ohio courts would apply a discovery rule to R.C. 1303.16(G), were not controlling in the case, because each involved statutes of limitations differing from R.C. 1303.16(G). Metz, 416 F.Supp.2d at 575-576.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

New Wembley L.L.C. v. Klar
2022 Ohio 4250 (Ohio Court of Appeals, 2022)
Cain v. Panitch
2018 Ohio 1595 (Ohio Court of Appeals, 2018)
Jerome Pate v. Huntington National Bank
560 F. App'x 506 (Sixth Circuit, 2014)
Specialized Loan Servicing, L.L.C. v. January
119 So. 3d 582 (Supreme Court of Louisiana, 2013)
Regis Lutz v. Chesapeake Appalachia, L.L.C.
717 F.3d 459 (Sixth Circuit, 2013)
Bruce Bandy v. Fifth Third Bank
519 F. App'x 900 (Sixth Circuit, 2013)
Advance Dental Care, Inc. v. Suntrust Bank
906 F. Supp. 2d 442 (D. Maryland, 2012)
Thrower v. Bolden
2012 Ohio 3956 (Ohio Court of Appeals, 2012)
Metz v. Unizan Bank
649 F.3d 492 (Sixth Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2010 Ohio 3700, 937 N.E.2d 1087, 189 Ohio App. 3d 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattlin-holdings-llc-v-first-city-bank-ohioctapp-2010.