2019 Ohio 584
Ohio Ct. App.2019Background
- Kelvon Properties Ltd. and Douglas Kern sued Medina Automotive, LLC, James Politowicz, and Michael McMath for breach of a lease and breach of an agreement to purchase a forklift (complaint filed Nov. 2016).
- Medina Automotive answered and filed a counterclaim (Jan. 2017); discovery and briefing followed.
- Kelvon moved for summary judgment (May 2018) supported by an affidavit of Douglas Kern; the trial court set a deadline for responses.
- Medina Automotive attempted to file a late motion for extension through McMath, a non-attorney, which the trial court struck; no timely evidentiary response to the summary-judgment motion was filed.
- The trial court granted summary judgment for Kelvon on both complaint counts and on the counterclaim (June 22, 2018); Medina Automotive appealed.
Issues
| Issue | Plaintiff's Argument (Kelvon) | Defendant's Argument (Medina Automotive) | Held |
|---|---|---|---|
| Whether summary judgment was proper where defendant filed no evidentiary response | Kelvon argued it met its initial Dresher burden by identifying evidentiary materials (affidavit) showing no genuine issue | Medina Automotive argued pleadings alone should be sufficient to create genuine issues when no response filed | Court held Kelvon met initial burden; defendant could not rely on pleadings alone and failed its reciprocal burden, so summary judgment proper |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (summary judgment reviewed de novo)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment standards under Civ.R. 56)
- Murphy v. Reynoldsburg, 65 Ohio St.3d 356 (1992) (view facts most strongly in favor of nonmoving party)
- Perez v. Scripps–Howard Broadcasting Co., 35 Ohio St.3d 215 (1988) (inferences and credibility resolved for nonmoving party)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (moving party's initial burden and nonmoving party's reciprocal burden under Civ.R. 56)
- Morris v. Ohio Cas. Ins. Co., 35 Ohio St.3d 45 (1988) (lack of response alone does not mandate summary judgment)
- Riley v. Montgomery, 11 Ohio St.3d 75 (1984) (nonmovant may not rely on pleadings; must present evidentiary materials)