2021 Ohio 1236
Ohio Ct. App.2021Background
- SMC sued Swetland for breach of contract seeking $39,911.53 for repair work.
- SMC served requests for admission on December 20, 2019; Civ.R. 36 required responses within 28 days.
- Swetland did not timely respond; the requests were deemed admitted.
- SMC filed for summary judgment on March 5, 2020 relying on those deemed admissions.
- Swetland later retained counsel, served responses and filed an opposition in July 2020; the trial court refused to permit withdrawal of the admissions and granted summary judgment.
- The court of appeals affirmed, finding no abuse of discretion in denying withdrawal and no genuine issue of material fact for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were SMC’s requests for admission deemed admitted under Civ.R. 36 when Swetland failed to timely respond? | The requests were deemed admitted and therefore conclusively established facts. | Swetland argued his later objections/responses and verified opposition should be considered to withdraw the admissions. | Yes. Failure to timely respond caused admissions to be deemed admitted. Court did not abuse discretion in denying withdrawal. |
| Was summary judgment appropriate despite Swetland’s later-filed contradictory affidavit and responses? | Summary judgment proper because deemed admissions are conclusive and defeat contradictory affidavits; no genuine issue of material fact remains. | Swetland argued his verified opposition created factual disputes that should preclude summary judgment. | Yes. Deemed admissions conclusively established the facts relied on by SMC; summary judgment was proper. |
Key Cases Cited
- Cleveland Trust Co. v. Willis, 20 Ohio St.3d 66 (1985) (matters deemed admitted are facts of record and may only be withdrawn under Civ.R. 36(B) in compelling circumstances)
- Balson v. Dodds, 62 Ohio St.2d 287 (1980) (a party’s brief disputing admissions can be treated as a Civ.R. 36(B) motion to withdraw or amend)
- First Fed. Bank of Ohio v. Angelini, 160 Ohio App.3d 821 (2005) (a court may rely on deemed admissions in granting summary judgment)