Allan v. Allan

Citations

• 2022 Ohio 1488

Syllabus

Summary judgment fraudulent transfer act transfer statute of limitations res judicata claim preclusion issue preclusion default judgment declaratory judgment action. After divorce proceedings concluded, summary judgment was not proper where wife filed complaint under Ohio Fraudulent Transfer Act to void alleged transfers of two businesses made by husband to his brother, transferee, at the time of the divorce. Summary judgment was improperly granted on the basis statute of limitations ran where genuine issues of fact remained as to whether the transfers of businesses occurred, and if they occurred, at what time did they occur. In these circumstances, claims under the Ohio Fraudulent Transfer Act were not prohibited by res judicata, claim preclusion, or issue preclusion. Trial court's denial of default judgment against husband not proper in this case where summary judgment was not properly granted against wife as to claims. Trial court's grant of summary judgment in declaratory judgment action as to the ownership of certain property by one of the businesses was not proper as genuine issues of material fact remained as to the ownership of certain property by one of the businesses.