Real Stories of Injustice at the Ohio Supreme Court

CASE SUMMARY: Spiller v. Sky Bank-Ohio Bank Region

Trial Court Case: Logan County Court of Common Pleas
Roberta Stayrook and Maxine Spiller were close, long time friends. After Maxine's husband died in the late 1970's, Maxine and Roberta retired and moved to Florida. They shared a checking account and made financial decisions together. The two friends lived together until Roberta passed away in 2002. Between 1974 and 1979, Roberta had opened four different certificates of deposit at Bellefontaine Federal Savings and Loan, in Logan County. Ohio Of note, two were issued to Roberta, payable on death to Maxine, one was issued to either of the two, and one was issued to Maxine.

After Roberta passed away, Maxine found the certificates in an envelope, along with some cash, that was taped under a dresser drawer. She went to Sky Bank, which had purchased Bellefontaine Federal Savings and Loan, to redeem them. Sky Bank refused to honor the certificates of deposit despite the fact that they were automatically renewing, so Maxine filed a lawsuit against Sky Bank in Logan County court. At trial, the Judge ruled in favor of Sky Bank on three of the certificates and for her on the fourth certificate. The Judge ruled that Maxine failed to prove that Roberta did not cash the certificates for the first three certificates during her life. However, the Judge did rule that Maxine was the rightful owner of the fourth, which she proved was never cashed. It had an original purchase value of $3,000.00, but because Maxine had held the CD so long it was now worth $26,832, which the judge held she was entitled to.

Appellate Court Case: Third District Court of Appeals
Both Maxine and Sky Bank appealed the trial court's judgment to the Third District Court of Appeals. The Court of Appeals upheld the trial court's decision that Maxine rightfully owned the $3,000.00 certificate (now worth $26,832), but that Maxine failed to establish that Roberta never cashed the other three certificates during her life.

Supreme Court Case: Ohio Supreme Court
Sky Bank appealed the Court of Appeals' judgment to the Ohio Supreme Court. The Ohio Supreme Court disagreed with and reversed the trial court and the Court of Appeals decision. The Supreme Court only considered the fourth CD which was determined by the Court of Appeals to be owned by Maxine. In the Ohio Supreme Court's decision they decided that the bank was only required to keep records of any type of account for six (6) years. As a result, even though Maxine had the original CD, because the bank did not have any record of the CD, it was not obligated to pay on it. The Court found that the automatic renewal of the certificate had no importance in the case.

Under the Court's decision, bank customers have no right to cash CDs, even if they automatically renew, more than six years (at the most) after the customer's account at the bank is closed or shows no activity. The customer's money becomes the bank's money, even if the customer can prove- like Maxine did- that the certificate was never cashed.

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