Autovest, L.L.C. v. Ruff

Citations

• 2023 Ohio 2937

Syllabus

The trial court did not err in granting summary judgment in favor of Autovest, L.L.C., nor did it err in finding Autovest, L.L.C. to be the owner of an alleged note to which Gerry Ruff and Adrienne Ruff are parties. Because appellant neither responded to Autovest's requests for admissions nor sought relief from admission under Civ.R. 36, he conceded the facts asserted in the request for admissions and admitted a matter he is now trying to contest: namely, that Autovest is entitled to enforce the obligations under the Note. Although the admissions did not establish the assignment of the debt to Autovest, an affidavit submitted by Autovest provided evidence of that assignment. Thus, coupled with the evidence of the affidavit, it was proper for the trial court to determine that Autovest was entitled to summary judgment in this matter, and upon our de novo review, we conclude the same. Judgment affirmed.