Bank of Am. v. McGlothin, 2013 Ohio 2755

Trial court granted BoA’s summary judgment on November 26, 2012; McGlothins moved to vacate relief from judgment and for Civ.R.60(B) relief, which the court denied; this appeal followed

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Civ.R. 56(F) relief was properly denied	McGlothins lacked prior discovery efforts and failed to show diligence	BoA contends movant must show no entitlement to delay; McGlothins failed to justify continuance	No abuse of discretion; motion denied
Whether the trial court properly denied Civ.R. 60(B) relief from judgment	McGlothins had meritorious defense (lack of standing) and timely motion	BoA argues no merit and timely denial was proper	Relief denied; judgment affirmed
Whether BoA had standing to sue on the note and mortgage	McGlothins asserted lack of standing as meritorious defense	BoA argued proper ownership and assignment traced to note/mortgage	Minority dissent would reverse; majority avoided remand on standing
Whether the court should vacate or modify the judgment to allow discovery	McGlothins seek to depose affiant and obtain records	No necessity shown given record and timing	Not granted; affirmed summary judgment
Whether the McGlothins’ response to summary judgment was timely under Civ.R. 56(F)	Timely because filed within 13 days of motion	Too late and lacking specificity	Denied; no abuse of discretion

Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (initial burden on movant; opposing party must show genuine issues)
Doriott v. MVHE, Inc., 2004-Ohio-867 (2d Dist. Montgomery (2004)) (Civ.R.56(F) continuance requires particularity and affidavit support)
Stultz, 161 Ohio App.3d 829 (10th Dist. (2005)) (discretionary abuse; continuance for discovery when needed to prosecute defense)
Means, 2011-Ohio-5922 (Eighth Dist. Cuyahoga (2011)) (discovery stay complexities; need for extension to oppose summary judgment)
Busby, 2013-Ohio-1919 (2d Dist. Montgomery (2013)) (remedy for lack of ownership evidence; Civ.R. 60(B) discussion)