Balfour v. Haymon

Citations

• 179 N.E.3d 169
• 2021 Ohio 3499

Syllabus

Trial court erred when in granted appellee's Civ.R. 12(C) motion declaring appellee's title to certain real property superior to appellant's, as it was permissible to infer from the pleadings that the quit-claim deed was delivered to appellee as security for the parties' home renovation agreement and the parties intended to re-convey the property to a third-party purchaser upon completion of the work and sale of the property. Because the trial court erred by granting declaratory relief to appellee, it was error for the trial court to issue an order of ejectment. The trail court also erred when it ruled on appellee's Civ.R. 41(A)(2) motion to dismiss her remaining claims against appellants without providing appellants an opportunity to file a response claiming that appellants had mistakenly pleaded a counterclaim for breach of contract as an affirmative defense. Judgment reversed and case remanded.