Community Health Partners Physicians, Inc. v. Sharbek, 2011 Ohio 4033

Sharbek and Community Health entered a contract (Aug 2006) for medical-billing services; CHP billed Sharbek monthly and took a percentage of amounts reported by Sharbek as received.
Between March 2007 and November 2007, Sharbek received $240,746.50 from patient accounts and reported payments to CHH; CHH invoiced Sharbek accordingly.
Sharbek paid some invoices but withheld payment for March–November 2007 services; final payment in May 2007 covered pre-March 2007 services only.
In Aug 2007 Sharbek notified CHH of termination; termination would take effect after a 90-day notice per the contract.
CHH sued on July 1, 2009 for breach of contract seeking payment for March–November 2007 services; the trial court granted summary judgment for CHH in the amount of $16,906.32 plus interest and costs (Jul 14, 2010).
Sharbek appeals, arguing genuine issues of material fact preclude summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper on the contract claim	CHH proved contract, performance, breach, and damages	Genuine issues of material fact exist about CHH’s performance	Yes; summary judgment affirmed

Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment standards; reasonable minds view evidence)
Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (Dresher burden-shifting on summary judgment)
Henkle v. Henkle, 75 Ohio App.3d 732 (Ohio App.3d 1991) (affidavit must show genuine issue of material fact)
H & F Transp., Inc. v. Satin Ride Equine Transport, Inc., 9th Dist. No. 06CA0069-M, 2008-Ohio-1004 (9th Dist. 2008) (breach-of-contract elements and burden of proof)
Preferred Capital, Inc. v. Sturgil, 9th Dist. No. 21787, 2004-Ohio-4453 (9th Dist. 2004) (Dresher burden-shifting on contract claim)
Cent. Mtge. Co. v. Elia, 9th Dist. No. 25505, 2011-Ohio-3188 (9th Dist. 2011) (affidavit evidence must show genuine issue)