SAC Fin., L.L.C. v. Lohmiller
CourtOhio Court of Appeals
Date FiledOctober 9, 2026
Docket2026 CA 00033
JudgeHoffman
StatusPublished
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Full Opinion
[Cite as SAC Fin., L.L.C. v. Lohmiller, 2026-Ohio-3992.]
IN THE OHIO COURT OF APPEALS
FIFTH APPELLATE DISTRICT
LICKING COUNTY, OHIO
SAC FINANCE, INC. Case No. 2026 CA 00033
Plaintiff - Appellant Opinion and Judgment Entry
-vs- Appeal from the Licking County Court of
Common Pleas, Case No. 2025 CV 01258
STEPHANIE M. LOHMILLER
Judgment: Affirmed
Defendant - Appellee
Date of Judgment Entry: October 9, 2026
BEFORE: William B. Hoffman; Craig R. Baldwin; Robert G. Montgomery, Judges
APPEARANCES: Jon V. Connor, Slovin & Council Co., LPA, for Plaintiff-Appellant;
Stephanie M. Lohmiller, Pro se.
Hoffman, P.J.
{¶1} Plaintiff-appellant SAC Finance Inc. (“SAC”) appeals the April 17, 2026
Judgment Entry of the Licking County Common Pleas Court which denied its Motion to
Vacate Dismissal and Set New Trial Date. Defendant-appellee is Stephanie M. Lohiller.1
STATEMENT OF THE CASE
{¶2} SAC filed its complaint against Appellee on August 18, 2025. Via a Scheduling
Order and Trial Notice filed November 18, 2025, a bench trial was set for March 16, 2026.
1
Appellee did not file a reply brief.
On March 10, 2026, SAC filed a motion to continue the trial, which the trial court denied on
March 13, 2026.
{¶3} On March 16, 2026, the trial court filed an Order Dismissing Case. Therein,
the trial court stated plaintiff [SAC] failed to appear for the scheduled bench trial on March
16, 2026. Accordingly, the trial court dismissed the matter for failure to prosecute. The Clerk
of Court verified on the order copies were served on the parties and/or their attorneys on
March 17, 2026.
{¶4} On March 18, 2026, SAC filed a Motion to Vacate Dismissal and Set New Trial
Date, pursuant to Civil R. 59(A)(7) and/or Civ.R. 60. SAC’s argument therein was the trial
court failed to comply with Civ.R. 41(B)(1); the same argument it now makes to this Court.
On April 17, 2026, the trial court filed a Judgment Entry denying SAC’s motion.
{¶5} It is from that judgment entry SAC prosecutes this appeal, assigning as error:
THE COURT ERRED IN ITS APRIL 17, 2026, JUDGMENT
ENTRY BY DENYING SAC’S MOTION TO VACATE DISMISSAL AND
SET NEW TRIAL DATE.
{¶6} We affirm the trial court’s decision.
ANALYSIS
{¶7} We note SAC filed its notice of appeal from the trial court’s April 17, 2026
Judgement Entry on May 5, 2026. That is well beyond the 30 day time limit to file a direct
appeal of the trial court’s original order dismissing SAC complaints.
{¶8} Although we would have found SAC’s argument persuasive had it been timely
raised on direct appeal, case law is clear a Civ.R. 60 motion is not a substitute for a direct
appeal. Hazelwood Ass’n. v. Helfrich, 2022-Ohio-174, ¶¶ 20-21 (5th Dist.) (Additional authority
noted therein omitted). As a result, we overrule SAC’s sole assignment of error.
{¶9} The judgment of the Licking County Court of Common Pleas is affirmed.
{¶10} Costs assessed to Appellant.
By: Hoffman, P.J.
Baldwin, J. and
Montgomery, J. concur.