2013 Ohio 4770
Ohio Ct. App.2013Background
- Nola Parsons and her husband Richard Thacker held Wilkesville Township real estate as joint tenants with survivorship; Richard died in 2006 and Parsons filed to transfer his interest to her.
- Juanita Bise (Richard’s mother) paid for a septic system (2000), a mobile home (2001), and a concrete driveway (2003) on the property.
- In 2007 Bise recorded an "Affidavit Relating to Real Estate" asserting she was the owner and that Richard told her she owned the land; she later died in 2011 and her son George Thacker became executor.
- Parsons sued in 2012 to quiet title, alleging Bise’s recorded affidavit clouded her title; the estate counterclaimed for an equitable lien, conveyance to the estate, and unjust enrichment.
- The trial court granted summary judgment for Parsons, finding no written agreement, no evidentiary basis for an equitable lien, and that the estate’s counterclaims were time-barred; the estate appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was appropriate | Parsons: funds from Bise were gifts; no contract or writing exists | Estate: an oral agreement/affidavit shows Bise expected ownership or compensation | Court: Affirmed. Parsons met initial burden; estate failed to present admissible evidentiary materials under Civ.R.56 to create a genuine issue of material fact |
| Whether Bise’s recorded 2007 affidavit created an enforceable agreement | Parsons: affidavit (if any) does not show a promise to transfer interest; it suggests mistake or misrepresentation | Estate: affidavit shows an understanding that Bise was owner and supports counterclaims | Held: The recorded affidavit, even if considered, does not establish an agreement to transfer interest |
| Admissibility of the 2007 recorded affidavit in summary judgment | Parsons: recorded instrument is not a Civ.R.56 affidavit and was not incorporated into a sworn affidavit | Estate: relied on the recorded instrument in opposition | Held: Trial court properly refused to treat the recorded instrument as a Civ.R.56(E) affidavit; unauthenticated materials cannot create a genuine issue |
| Whether equitable lien / unjust enrichment claims survive | Parsons: no evidence of quid pro quo; contributions were gifts | Estate: contributions entitle estate to equitable relief | Held: No admissible evidence of an agreement or basis for equitable lien; summary judgment for Parsons affirmed |
Key Cases Cited
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (Ohio 1998) (standard for summary judgment)
- Vahila v. Hall, 77 Ohio St.3d 421 (Ohio 1997) (movant's initial burden on summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (summary judgment burden-shifting framework)
- Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250 (Ohio 2010) (summary judgment requirements)
- McGee v. Goodyear Atomic Corp., 103 Ohio App.3d 236 (Ohio Ct. App.) (de novo appellate review of summary judgment)
- Citizens Ins. Co. v. Burkes, 56 Ohio App.2d 88 (Ohio Ct. App.) (unauthenticated documents lack evidentiary value)
- State ex rel. Corrigan v. Seminatore, 66 Ohio St.2d 459 (Ohio 1981) (requirements for attaching papers to affidavits)
- Olverson v. Butler, 45 Ohio App.2d 9 (Ohio Ct. App.) (certification within a paper can authenticate it)