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Midland Funding, L.L.C. v. Hottenroth (Slip Opinion)
Citations: 2016 Ohio 5489; 147 Ohio St. 3d 112Docket: 2014-1236
Court: Ohio Supreme Court; August 24, 2016; Ohio; State Supreme Court
Original Court Document: View Document
The Supreme Court of Ohio dismissed the appeals in Midland Funding, L.L.C. v. Hottenroth as having been improvidently accepted. The decision, rendered on August 24, 2016, involved two cases submitted on July 13, 2016, from the Cuyahoga County Court of Appeals. Chief Justice O'Connor and Justices Pfeifer, French, and O'Neill concurred with the dismissal. Justice O'Donnell, dissenting, argued that the appeals should be resolved on their merits due to the significant legal question regarding the accrual of claims for breach of credit card contracts. He emphasized the importance of addressing this issue, particularly given its relevance in cases involving debt sales and the frequent occurrence of lawsuits filed after the statute of limitations has expired. O'Donnell contended that dismissing the appeals avoids a critical question that affects both the judiciary and litigants. Justice Lanzinger joined in O'Donnell's dissent. The parties involved included Midland Funding, L.L.C. and Javitch, Block, L.L.C. for the appellants, and Dustie Hottenroth (now Dustie Miller) represented by The Misra Law Firm, L.L.C. and Robert S. Belovich for the appellee.