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March 26, 2026 Get Citation Alerts Download PDF Add Note

Cox v. Glenville Homes, III, L.P.

Ohio Court of Appeals

• Citations: 2026 Ohio 1053
• Docket Number: 115506

• Judges: Calabrese

• Opinion

• Authorities (22)

• Cited By (0)

• Summaries (0)

• Similar Cases (61.8K)

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Syllabus

Summary judgment; compulsory counterclaim; res judicata; landlord-tenant dispute; jurisdiction; housing court; forcible entry and detainer; money damages; Civ.R. 13(A); Civ.R. 12(B)(1); R.C. 1901.17; R.C. 1901.131; R.C. 1901.181. Judgment affirmed. Appellant tenant's common pleas action was barred based on principles of subject-matter jurisdiction and the doctrine of res judicata. Appellant's common pleas claims for breach of contract, unjust enrichment, negligence/breach of fiduciary duties, injunctive relief, and declaratory relief all arose from the same landlord-tenant relationship, lease, rent issues, and eviction proceedings as landlord's housing court action for forcible entry and detainer and money damages. Appellant's common pleas claims were logically related to the housing court action and were therefore compulsory counterclaims under Civ.R. 13(A). While appellant had attempted to file a counterclaim in the housing court, the counterclaim had been stricken as untimely, the housing court later entered final judgment in favor of landlord on its claims, and no attempt was made to appeal the housing court's decision.

Combined Opinion

                        by [Anthony Orlando Calabrese Jr.](https://www.courtlistener.com/person/8063/anthony-orlando-calabrese-jr/)

[Cite as Cox v. Glenville Homes, III, L.P., 2026-Ohio-1053.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA

LEARIA COX, :

Plaintiff-Appellant, :
No. 115506
v. :

GLENVILLE HOMES, III LP, ET AL., :

Defendants-Appellees. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: March 26, 2026

Civil Appeal from the Cuyahoga County Court of Common Pleas
Case No. CV-25-113715

Appearances:

Gary Cook, for appellant.

Hoffman Legal Group, LLC, and Matthew S. Flemming,
for appellees.

DEENA R. CALABRESE, J.:

Plaintiff-appellant Learia Cox appeals the trial court’s order granting

summary judgment in favor of defendants-appellees Glenville Homes III, L.P., and

Famicos Foundation (“Glenville,” “Famicos,” or collectively “appellees”). Finding

no merit to the appeal, we affirm.
I. Facts and Procedural History

Cox lived in a Cleveland, Ohio property pursuant to a lease agreement

with appellees, who were jointly identified in the lease as “Landlord.” This dispute

arose from that landlord-tenant relationship. Cox’s lease contained an option to

purchase the property. In the complaint at issue in this appeal, filed with the

Cuyahoga County Court of Common Pleas on March 14, 2025, Cox alleged that she

had exercised the option to purchase and that appellees had breached the lease

agreement by refusing to execute required paperwork. As explained more fully

below, Cox also contended that appellees had breached the lease agreement by filing

an eviction action against her more than a year earlier in the Cleveland Municipal

Court’s Housing Division.1

Glenville filed that housing division case, Cleveland M.C. No. 2024-

CVG-002549, on February 23, 2024. In that action, the housing court granted the

eviction on May 30, 2024. Cox appealed the housing court judgment to this court

on June 10, 2024, in Glenville Homes III v. Cov, 8th Dist. Cuyahoga No. 114030.

Prior to any substantive decision on appeal, however, Glenville regained possession

of the property. On July 8, 2024, therefore, this court dismissed the appeal as moot.

On June 21, 2024, while the appeal was still pending, Cox filed a

counterclaim in housing court.2 While the appearance docket identifies the filing as

1 The lease agreement, along with Glenville’s complaint in forcible entry and detainer

and for money damages, were attached to Cox’s complaint.
2 Appellees attached a printout of the housing court docket as Exhibit A to their

April 15, 2025 motion to dismiss. They filed an updated and certified copy of the docket
under cover of affidavit in a June 18, 2025 supplemental filing.
Cox’s “amended counterclaim,” it is the first reference on the docket to a

counterclaim. Cox also pursued other avenues of relief, including a writ of

mandamus filed with the Ohio Supreme Court and the removal of the housing court

case to federal district court. Neither the writ nor the removal was met with success.

On February 14, 2025, following remand from federal district court, the

housing court granted Glenville’s motion to strike Cox’s counterclaim. In this

appeal, Glenville states that Cox’s counterclaim was “dismissed for being filed

without leave of Court.” (Appellees’ brief at p. 2.) The housing court’s February 14,

2025 journal entry merely states that the housing court granted appellees’ motion

to strike. The record on appeal does not include Glenville’s motion to strike. On

April 2, 2025, however, the housing court docketed an entry indicating that Cox had

filed a timely answer, but “did not file a counterclaim.” The entry goes on to state

that the June 21, 2024 pleading “titled Amended Counterclaim” was “stricken as

untimely” and that “[t]herefore, there is no counterclaim pending.”

The timeline now returns to the action at issue in this appeal. On March

14, 2025, while Glenville’s claim for money damages was still pending in housing

court and exactly one month after the housing court had dismissed her

counterclaim, Cox filed a complaint against appellees in the Cuyahoga County Court

of Common Pleas. In her complaint, Cox asserted claims arising from and expressly

tied to the lease and the landlord-tenant relationship. Count 1 alleges breach of

contract and specifically references the lease. Count 3, unjust enrichment,

references items such as “rent, deposit,” and “earnest money” purportedly retained
by Glenville. Count 4 seeks injunctive relief barring Glenville from preventing Cox’s

access to the property. Count 5 requests a declaratory judgment as to the lease and

other aspects of the landlord-tenant relationship. Count 2 purportedly sounds in

negligence and breach of fiduciary duties but contains no additional facts suggesting

it involves anything other than the landlord-tenant relationship.

Appellees filed a motion to dismiss premised on Civ.R. 12(B)(1) and

12(B)(6) on April 15, 2025, arguing that the housing court had exclusive jurisdiction

over Cox’s claims. Pertinent to its Civ.R. 12(B)(1) arguments, appellees attached the

housing court docket to their motion to dismiss. Appellees argued that Cox’s claims

were Civ.R. 13(A) compulsory counterclaims that she was required to raise in the

still-pending housing court action and that the general division further lacked

jurisdiction pursuant to R.C. 1901.181.

In her brief in opposition filed April 21, 2025, Cox conceded that the

trial court was permitted to review materials outside the complaint when deciding a

motion premised on Civ.R. 12(B)(1) but argued that consideration of the docket in

reference to Civ.R. 13(A) compulsory counterclaims was improper, because such

arguments purportedly turned on res judicata. In addition, and despite the

complaint’s focus on the lease attached to it and on various other aspects of the

landlord-tenant relationship, Cox argued that her claims were not only “new” but

also “independent” and otherwise “outside of any eviction arena, albeit with certain

overlapping facts and/or issues.” On April 28, 2025, appellees filed a reply brief that
included arguments purporting to clarify the differences and relationships between

and among res judicata, Civ.R. 13, and the jurisdictional-priority rule.

While appellees’ motion to dismiss was still pending, the housing court

heard Glenville’s claim for money damages on April 29, 2025, and rendered

judgment in favor of Glenville on May 14, 2025. There is no indication in the record

that Cox appealed the final judgment of the housing court, including its dismissal of

her counterclaim.

On June 3, 2025, the trial court converted appellees’ motion to dismiss

to a motion for summary judgment pursuant to Civ.R. 12(B), apparently agreeing

with Cox that the motion to dismiss raised res judicata issues. The trial court

expressly provided both sides with an opportunity to submit supplemental briefs.

Appellees submitted a supplemental brief on June 18, 2025, arguing that the

housing court had entered final judgment in Glenville’s favor on both its eviction

and money-damages claim. Appellees’ brief included an affidavit identifying a

certified copy of the housing court docket and copies of the housing court

magistrate’s order and the housing court’s final judgment entry. The supplemental

brief expressly reserved appellees’ Civ.R. 12(B)(1) arguments but then further

argued that because the housing court had entered final judgment, res judicata

barred Cox’s claim.

Cox did not respond with additional briefing, affidavits, or other Civ.R.

56(E) summary judgment materials. On August 6, 2025, the trial court filed an

opinion granting appellees’ motion to dismiss, finding that it “lacks subject matter
jurisdiction over this lawsuit.” The trial court reasoned that Cox’s complaint “raises

compulsory counterclaims that should have been raised in the Eviction Case.” The

trial court expressly declined to consider appellees’ remaining arguments.

This timely appeal followed.

II. Assignment of Error

Cox presents a single assignment of error for our review:

Reviewing Appellees-Defendants’ Motion for Summary Judgment de
novo, the Record is clear and convincing that the trial court erred to the
prejudice of the Appellant-Plaintiff by granting the Appellees-
Defendants’ Motion to Dismiss, which was converted to a Motion for
Summary Judgment, and dismissing the Appellant-Plaintiff’s
Complaint.

We overrule Cox’s sole assignment of error and affirm the judgment

of the trial court.

III. Analysis

A. Standard of Review

“Our standard of review on a Civ.R. 12(B)(1) motion to dismiss for lack

of subject-matter jurisdiction is de novo.” Craig v. Cromes, 2025-Ohio-5759, ¶ 11

(8th Dist.), citing Rheinhold v. Reichek, 2014-Ohio-31, ¶ 7 (8th Dist.). “When ruling

on a Civ.R. 12(B)(1) motion, the trial court must determine whether it has the

authority to decide the matter before it.” A.L.W.A.Y., LLC v. Ohio DOT, 2025-Ohio-

4850, ¶ 14 (8th Dist.), citing Rheinhold at ¶ 7. In conducting our de novo review, we

apply the same standards as the trial court. A.L.W.A.Y., LLC at ¶ 14, citing

Muhammad v. Ohio Civ. Rights Comm., 2013-Ohio-3730, ¶ 16 (8th Dist.), citing

GNFH, Inc. v. W. Am. Ins. Co., 2007-Ohio-2722, ¶ 16 (2d Dist.).
“Subject-matter jurisdiction is ‘a condition precedent to the court’s

ability to hear the case. If a court acts without jurisdiction, then any proclamation

by that court is void.’” A.L.W.A.Y., LLC at ¶ 15, quoting Pratts v. Hurley, 2004-

Ohio-1980, ¶ 11.

In determining subject-matter jurisdiction pursuant to a Civ.R.

12(B)(1) motion, the trial court “‘is not confined to the allegations of the complaint

and it may consider material pertinent to such inquiry without converting the

motion into one for summary judgment.’” A.L.W.A.Y., LLC at ¶ 15, quoting

Southgate Dev. Corp. v. Columbia Gas Transm. Corp., 48 Ohio St.2d 211 (1976),

paragraph one of the syllabus. In the present action, the trial court converted

appellees’ motion to dismiss to a motion for summary judgment. Appellees then

supplemented their motion with an affidavit attaching updated housing court

docket and judgment entries. Whether viewed as simply additional and appropriate

material pertinent to the subject-matter jurisdiction inquiry under Southgate, or as

Civ.R. 56(E) materials in support of summary judgment based on res judicata, the

distinction is academic. The issue of whether res judicata applies in a particular

situation is likewise a question of law that is reviewed under a de novo standard,

with no deference to the trial court. T.C. v. R.B.C., 2025-Ohio-1544, ¶ 30 (8th Dist.),

citing Kobal v. Kobal, 2022-Ohio-812, ¶ 8 (8th Dist.), Hempstead v. Cleveland Bd.

of Edn., 2008-Ohio-5350, ¶ 6 (8th Dist.), and Gilchrist v. Gonsor, 2007-Ohio-3903,

¶ 16 (8th Dist.). “‘[W]e independently review the record to determine whether res

judicata applies.’” T.C. at ¶ 30, quoting Hempstead at ¶ 16, citing Gilchrist at ¶ 16.
B. Discussion

“Civ.R. 13(A) governs compulsory counterclaims. Under this rule, all

existing claims between opposing parties that arise out of the same transaction or

occurrence must be litigated in a single lawsuit, regardless of which party initiates

the action.” Ferrara v. Vicchiarelli Funeral Servs., 2016-Ohio-5144, ¶ 11 (8th Dist.),

citing Rettig Ents. v. Koehler, 68 Ohio St.3d 274 (1994), paragraph one of the

syllabus. “A party who fails to assert a compulsory counterclaim at the proper time

is barred from litigating that claim in a subsequent lawsuit.” Ferrara at ¶ 11, citing

Lewis v. Harding, 2009-Ohio-3071, ¶ 12 (8th Dist.).

At the time appellees filed their motion to dismiss, the housing court

action was ongoing. By the time the trial court issued its opinion dismissing the

case, however, the housing court had entered final judgment on Glenville’s claim for

money damages, terminating the housing court action. Whether viewed through the

lens of subject-matter jurisdiction or res judicata, we find that the trial court did not

err in dismissing the case because Cox’s claims were compulsory counterclaims that

were required to be pleaded in the housing court action.

When appellees filed their motion to dismiss, i.e., when the housing

court action was still in progress, the procedural posture of this action was similar

to Maduka v. Parries, 14 Ohio App.3d 191 (8th Dist. 1984). In Maduka, the

defendant-landlord filed a forcible-entry-and-detainer action against the plaintiff-

tenant in the housing division of the Cleveland Municipal Court. The defendant-

landlord subsequently amended the complaint to include a claim for money
damages (back rent). As in the present case, “[w]hile [the housing court] proceeding

pended, the plaintiff filed the present suit in the court of common pleas.” Id. at 191.

The Maduka Court described the complaint filed in common pleas court:

The plaintiff’s complaint contains seven counts asserting grounds for
recovery. Counts I through IV patently concern issues stemming
directly from the Housing Court proceeding. Count V concerns
interference with the United States mail. Count VI alleges malicious
prosecution and abuse of process. Count VII sounded in tort for an
intrusion on the plaintiff’s right to privacy. On January 25, 1983, the
plaintiff was granted leave to supplement the complaint. An additional
count was alleged seeking damages in tort for personal injury suffered
by the plaintiff on the premises by reason of negligent maintenance and
repair.

Id.

In Maduka, as in the present case, the issue of possession was

rendered moot when the tenant vacated the premises, but “the unpaid rent issue

remained.” Id. at 192. This court noted that money damages issues were commonly

joined with forcible-entry-and-detainer claims and specifically referred to the

“incidental powers of the housing courts,” quoting R.C. 1901.131 in full:

“Whenever an action or proceeding is properly brought in the housing
division of a municipal court, the housing division has jurisdiction to
determine, preserve, and enforce all rights involved in the action or
proceeding, to hear and determine all legal and equitable remedies
necessary or proper for a complete determination of the rights of the
parties, including, but not limited to, the granting of temporary
restraining orders and temporary and permanent injunctions, to
render personal judgment irrespective of amount in favor of any party,
and to render any judgments and make any findings and orders in the
same manner and to the same extent that the court of common pleas
can render judgment or make a finding or order in a like action or
proceeding.”
Id. at 192, quoting R.C. 1901.131.3

This court then addressed the matter of subject-matter jurisdiction.

Specifically, it considered whether, under Civ.R. 13(A), the common pleas court was

deprived of jurisdiction because the plaintiff-tenant’s claims were compulsory

counterclaims that should have been raised in the municipal court housing division.

It first noted that “[t]he factual backgrounds of the claims need not be identical, as

long as they are logically related.” (Emphasis added.) Maduka at 193, citing

Newburger, Loeb & Co. v. Gross, 563 F.2d 1057, 1071 (2d Cir. 1977). Upon review

of the complaint, the Maduka Court determined the claims were indeed logically

related and that the common pleas court lacked jurisdiction:

It is logical to require the plaintiff to raise her claims in the present case
as counterclaims in the Housing Court. For analysis of her contentions
reveals that all, including those sounding in tort, arise from complaints
stemming from the landlord-tenant relationship. And they concern
either the defendant’s maintenance of the premises, or actions taken by
the defendant in an effort to oust the plaintiff from possession. The
common source and overlap in evidence leads to the conclusion that
the plaintiff’s claims fall within the compulsory counterclaim mandate
of Civ.R. 13(A). Exclusive jurisdiction of plaintiff’s claims was in the
housing division of the municipal court in which the action in forcible
entry began.

(Emphasis added.) Id. at 193.

3 The current version of the statute is substantially identical to the version existing

at the time this court decided Maduka. R.C. 1901.131 was later updated to add a reference
to municipal court environmental divisions. The current version also includes changes to
the concluding phrase. Rather than “in the same manner and to the same extent that the
court of common pleas can render judgment or make a finding or order in a like action or
proceeding,” the statute now reads “in the same manner and to the same extent that the
court of common pleas can render a judgment or make a finding or order in a similar action
or proceeding.”
The Maduka Court’s application of a logical relation test is consistent

with the Ohio Supreme Court’s decision approximately ten years later in Rettig

Ents., 68 Ohio St.3d 274 (1994). There, the Ohio Supreme Court likewise turned to

federal precedent and adopted the same test. Id. at 278. With respect to Civ.R. 13(A)

compulsory counterclaims and the logical relation test, it held:

The “logical relation” test, which provides that a compulsory
counterclaim is one which is logically related to the opposing party’s
claim where separate trials on each of their respective claims would
involve a substantial duplication of effort and time by the parties and
the courts, can be used to determine whether claims between opposing
parties arise out of the same transaction or occurrence.

Id. at paragraph two of the syllabus. See also Ferrara, 2016-Ohio-5144, at ¶ 11 (8th

Dist.).

In Sherman v. Pearson, 110 Ohio App.3d 70 (1st Dist. 1996), the First

District not only followed Maduka but cited both Maduka and Rettig Ents. in

discussing the “logical relation” test. Id. at 72-73. In addition, and relevant here,

the Ohio Supreme Court held in Rettig Ents. that “multiple claims are compulsory

counterclaims where they ‘involve many of the same factual issues, or the same

factual and legal issues, or where they are offshoots of the same basic controversy

between the parties.’” Rettig Ents. at 279, quoting Great Lakes Rubber Corp. v.

Herbert Cooper Co., 286 F.2d 631, 634 (3d Cir. 1961).

We view Maduka as controlling. Indeed, in that case, certain counts

of the complaint, which included personal-injury and other claims, were arguably

more tenuously related to the underlying lease and the landlord-tenant relationship

than in the present action. For example, Count V of Maduka’s complaint “alleg[ed]
the obstruction of United States mail.” Maduka, 14 Ohio App.3d at 193, fn. 6 (8th

Dist. 1984). This court found that even that claim was logically related to the

landlord-tenant relationship because it was “related to the allegation that the

defendant in the present suit intercepted a summons mailed to the plaintiff when

she was the defendant in the original forcible entry action which gave rise to the

current controversy.” Id. The court therefore found that “there is an intertwining

of claims making them ‘logically related’ and highlighting the good sense of

disposition of all the claims in the case in one forum.” Id.

The same holds true in this case. Cox’s entire complaint, including

Count 2, which sounds in negligence and breach of fiduciary duties, relates to the

lease and to the landlord-tenant relationship. As appellees note, Cox offered no

factual allegations to support her negligence and breach-of-fiduciary-duties claim

apart from incorporating the previous paragraphs of her complaint, all of which

related to the lease agreement, its option to purchase, rent purportedly due, the

eviction, and ultimately the allegation of breach of contract contained in Count 1.

As appellees acknowledge, the Ohio Supreme Court distinguished

Maduka in State ex rel. McGraw v. Gorman, 17 Ohio St.3d 147 (1985), but only

because of the municipal court monetary limit existing at the time. Effective July 1,

1997, the monetary limit was removed for both municipal court housing divisions

and environmental divisions. R.C. 1901.17. Moreover, even if the monetary limit

had not been removed, Cox still would have been required to plead her compulsory

counterclaim in municipal court. See Behrle v. Beam, 6 Ohio St.3d 41, 45, fn. 1
(1983) (“[I]f a party has a compulsory counterclaim and its amount is over the

monetary jurisdiction of the municipal court, it still must be pleaded in the

responsive pleading.”). The remedy, at that juncture, would be to certify the case to

the court of common pleas. Id. See also Sherman, 110 Ohio App.3d at 76 (1st Dist.

1996).

Pursuant to Maduka, the trial court did not err in determining that

Cox’s claims were compulsory counterclaims that were required to be pleaded in the

municipal court action. Moreover, as noted above, by the time the trial court issued

its ruling, the housing court had entered final judgment on the merits of Glenville’s

housing-court claim. “In addition to promoting judicial economy, the rule”

requiring the timely assertion of compulsory counterclaims “is designed to assist

courts with the ‘orderly delineation of res judicata.’” Ferrara, 2016-Ohio-5144, at

¶ 11 (8th Dist.), quoting Lewis 2009-Ohio-3071, at ¶ 12 (8th Dist.).

According to the doctrine of res judicata, “‘a valid, final judgment

rendered upon the merits bars all subsequent actions based upon any claim arising

out of the same transaction or occurrence that was the subject matter of a previous

action.’” Beavers v. PNC Bank, Natl. Assn., 2013-Ohio-5318, ¶ 14 (8th Dist.),

quoting Grava v. Parkman Twp., 73 Ohio St.3d 379, 382 (1995). “For purposes of

res judicata analysis, a ‘transaction’ is defined as a ‘common nucleus of operative

facts.’” (Cleaned up.) Beavers at ¶ 14, quoting Grava at 382, quoting 1 Restatement

of the Law 2d, Judgments, Section 24, 198-199, Comment b (1982). As this court

has held:
Res judicata bars a claim when the following four elements are met: (1)
there is a final, valid decision on the merits by a court of competent
jurisdiction; (2) the second action involves the same parties or their
privies as the first; (3) the second action raises claims that were or could
have been litigated in the first action; and (4) the second action arises
out of the transaction or occurrence that was the subject matter of the
previous action.

Beavers at ¶ 15, citing Lenard v. Miller, 2013-Ohio-4703, ¶ 27 (8th Dist.), citing

Portage Cty. Bd. of Commrs. v. Akron, 2006-Ohio-954, ¶ 84.

This case ticks all the boxes under res judicata. First, there is a final,

valid decision on the merits by a court of competent jurisdiction. Appellees

submitted a supplemental filing to the trial court containing a certified copy of the

housing court’s final judgment on Glenville’s claim for money damages, which

terminated the case. Second, although Glenville was the sole plaintiff below, both

Famicos and Glenville are parties to the lease agreement, which identifies the two

entities as “Landlord.” This establishes privity for res judicata purposes. Crenshaw

v. Integrity Realty, LLC, 2012-Ohio-4166, ¶ 8-9 (8th Dist.). Consideration of the

third and fourth elements dovetails with our conclusion, already stated, that Cox’s

claims filed in common pleas court were compulsory counterclaims in housing

court. The claims arose from the same transaction or occurrence, namely, the

landlord-tenant relationship, and they could have been litigated in housing court.

“‘The doctrine of res judicata requires a plaintiff to present every

ground for relief in the first action, or be forever barred from asserting it.’” Ferrara,

2016-Ohio-5144, at ¶ 11 (8th Dist.), quoting Natl. Amusements v. Springdale, 53

Ohio St.3d 60, 61 (1990). A party’s failure to assert a compulsory counterclaim will
bar that party from litigating the claim in a subsequent lawsuit under the doctrine

of res judicata. Geauga Truck & Implement Co. v. Juskiewicz, 9 Ohio St.3d 12, 14

(1984). Based on the foregoing analysis, the trial court properly granted summary

judgment in favor of appellees on Cox’s claims, and her assignment of error is

overruled.

Judgment affirmed.

It is ordered that appellees recover from appellant costs herein taxed.

The court finds there were reasonable grounds for this appeal.

It is ordered that a special mandate be sent to said court 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.

DEENA R. CALABRESE, JUDGE

EILEEN T. GALLAGHER, P.J., and
EMANUELLA D. GROVES, J., CONCUR