2019 Ohio 3487
Ohio Ct. App.2019Background
- Congress Lake Company sued member Robert L. Green in Canton Municipal Court for unpaid membership charges, claiming $3,714.89 due as of March 25, 2018.
- Congress Lake supported summary-judgment with an affidavit from its general manager, Paul Showalter, attesting to company business records showing the balance owed.
- Green, pro se, responded attaching an email from Showalter (about a "demit"/leave request) and a December 25, 2017 bill showing a lower balance; he asserted he canceled membership earlier.
- Green did not file affidavits incorporating those documents or otherwise authenticate them under Civ.R. 56(C)/(E).
- The trial court granted summary judgment for Congress Lake; Green appealed, arguing the court erred and that Showalter’s communications created ambiguity about membership termination rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on account for unpaid dues | Congress Lake: Showalter affidavit and business records show no genuine issue and establish amount due | Green: Attached email and prior bill create dispute about amount and membership cancellation; contends bylaws ambiguity re: "demit" | Court: Grant affirmed — moving party met initial burden; Green failed to produce admissible Civ.R.56(C) evidence to create a genuine issue |
| Whether Showalter's email/bylaws ambiguity precluded summary judgment | Congress Lake: Records control; no bylaw evidence in record to create triable issue | Green: Showalter’s email and claimed bylaws ambiguity show confusion over resignation/leave and dispute amount | Court: Arguments waived or unsupported on record; no bylaws or admissible affidavit in record, so court will not consider them |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280, 662 N.E.2d 264 (1996) (describing moving party's initial burden in Ohio summary-judgment practice)
- Mitseff v. Wheeler, 38 Ohio St.3d 112, 526 N.E.2d 798 (1988) (nonmoving party must produce specific facts showing triable issue)
- Vahila v. Hall, 77 Ohio St.3d 421, 674 N.E.2d 1164 (1997) (summary judgment inappropriate if material fact is genuinely disputed)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35, 506 N.E.2d 212 (1987) (appellate review of summary judgment uses same standard as trial court)
- State ex rel. Corrigan v. Seminatore, 66 Ohio St.2d 459, 423 N.E.2d 105 (1981) (affidavit may satisfy Civ.R.56(E) by attaching and authenticating copies of papers referenced)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 400 N.E.2d 384 (1980) (when necessary parts of the record are omitted on appeal, appellate court will presume regularity and affirm)