[Cite as Bank of New York Trust Co., N.A. v. Caldwell, 2014-Ohio-935.]

Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT 

COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION

No. 100262

BANK OF NEW YORK TRUST CO., N.A. 

PLAINTIFF-APPELLEE 

vs. 

ROBERT A. CALDWELL, ET AL. 

 DEFENDANTS-APPELLANTS

JUDGMENT:

AFFIRMED 

Civil Appeal from the 

Cuyahoga County Court of Common Pleas 

Case No. CV-12-789599 

BEFORE: Stewart, J., Kilbane, P.J., and Blackmon, J. 

RELEASED AND JOURNALIZED: March 13, 2014 
FOR APPELLANTS

Robert A. Caldwell, pro se 

Frances Caldwell, pro se 

10618 Drexel Avenue 

Cleveland, OH 44108 

ATTORNEYS FOR APPELLEE

Bill L. Purtell 

Ellen L. Fornash 

Dustin K. Looser 

Lerner, Sampson & Rothfuss 

120 East Fourth Street, Suite 800 

Cincinnati, OH 45202 
MELODY J. STEWART, J.: 

{¶1} This case came to be heard upon the accelerated calendar pursuant to App.R. 

11.1 and Loc.R. 11.1. Plaintiff-appellee Bank of New York Trust Company, N.A. 

brought this action against defendants-appellants Robert and Frances Caldwell seeking 

judgment on a promissory note and foreclosure on a mortgage. The Caldwells did not 

answer the complaint, so a magistrate issued a decision granting the bank a default 

judgment on all of its claims. The Caldwells filed a motion to “vacate” the magistrate’s 

decision, but the court denied that motion as premature because it had not yet approved 

the magistrate’s decision and created a final judgment. The court eventually did adopt 

the magistrate’s decision and granted a default judgment on the note and mortgage. The 

 property was sold at a sheriff’s sale, and the court confirmed the sale. 

{¶2} Two months after the court confirmed the sheriff’s sale, the Caldwells filed a 

motion for relief from the default judgment on grounds that the trial judge should have 

been disqualified from the general election, and thus barred from holding elected office, 

because his campaign treasurer did not timely file certain campaign reports in compliance 

with R.C. 3510.10(D). The court conducted a hearing on the motion for relief from 

judgment and denied it, finding that the Caldwells failed to set forth any of the grounds 

upon which relief from judgment may be granted under Civ.R. 60(B). 

{¶3} Having requested that this appeal be placed on the accelerated calendar, the 

Caldwells have acquiesced to our stating the reasons for this decision in “brief and 
conclusory form.” See App.R. 11.1(E). We agree with the bank that the court lacked 

any jurisdiction to rule on questions concerning campaign improprieties because that 

authority is vested exclusively with the Ohio Elections Commission. See R.C. 3517.151; 

State ex rel. Ohio Democratic Party v. Blackwell, 111 Ohio St.3d 246, 2006-Ohio-5202, 

855 N.E.2d 1188, ¶ 15. The motion for relief from judgment thus raised matters outside 

the court’s jurisdiction. 

{¶4} The remaining arguments raised by the Caldwells on appeal, that the trial 

court erred by, refusing to accept their affidavit that they were not properly served; by 

failing to respond to their request for findings of facts and conclusions of law; and by 

proceeding on a fraudulent complaint, are improperly before us because they were not 

raised in the motion for relief from the default judgment. See State v. Randlett, 10th 

Dist. Franklin No. 06AP-1073, 2007-Ohio-3546, ¶ 20. In reaching this conclusion, we 

acknowledge that the Caldwells did raise these issues in their first motion to vacate 

judgment filed after the magistrate issued a decision in the case, but the court denied that 

motion as premature because it had yet to rule on the magistrate’s decision. When the 

court did rule on the magistrate’s decision, the Caldwells filed a new motion for relief 

from judgment (the subject of this appeal), but that motion was limited solely to the 

alleged campaign irregularities — it made no mention of those arguments raised in the 

premature motion for relief from judgment. 

{¶5} Judgment affirmed. 

It is ordered that appellee recover of appellants its costs herein taxed. 
The court finds there were reasonable grounds for this appeal. 

It is ordered that a special mandate issue out of this court directing the Cuyahoga 

County Court of Common Pleas to carry this judgment into execution. 

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of 

the Rules of Appellate Procedure. 

 

 

MELODY J. STEWART, JUDGE 

MARY EILEEN KILBANE, P.J., and 

PATRICIA ANN BLACKMON, J., CONCUR