Volume 241 — North Eastern Reporter, Third Series

Summary judgment Civ.R. 25 death note foreclosure enforce in rem. - Trial court properly granted summary judgment in favor of the lender and ordered foreclosure on the property. The borrower's death during the proceeding and subsequent dismissal from the action pursuant to Civ.R. 25 did not affect the lender's ability to foreclosure under the mortgage. The lender did not need to receive a personal judgment on the note before enforcing the mortgage because the action continued solely for an in rem judgment.

RESTITUTION – EVIDENTIARY HEARING – DUE PROCESS –ECONOMIC LOSS – EVIDENCE: The trial court abused its discretion when ordering restitution where the victim did not appear at the restitution hearing, the state submitted unauthenticated exhibits in support of an award of restitution, and defendant raised significant questions as to the authenticity and relevance of the state's restitution evidence: defendant was denied her due-process right to a meaningful opportunity to be heard because she was unable to cross-examine the victim about the unauthenticated exhibits submitted by the state. The trial court abused its discretion in ordering restitution where there was insufficient evidence in the record to show that the economic loss sustained by the complaining witness was a direct and proximate result of the defendant's conduct. [But see DISSENT: Because this case was disposed on its merits, the due-process issue was moot, and the analysis regarding the right to compel a victim's testimony is dicta.]

Dram Shop Act, R.C. 4399.18 Motion for Judgment on the Pleadings, Civ.R. 12(C) de novo Plain Error

SEARCH AND SEIZURE — EXIGENT CIRCUMSTANCES: Where a report from a social services worker of a malnourished infant lacked the suggestion that the infant needed immediate medical aid, there were no exigent circumstances justifying the warrantless search of defendant's home.