Bernard v. Christopherson

Citations

• 2024 Ohio 6016

Syllabus

Civ.R. 15(B); motion to amend pleadings; slander of title; publication; recording. Judgment affirmed in part, reversed in part, and remanded. Although many claims, arguments, and issues were raised throughout the course of the litigation, this appeal centers around the trial court's disposition of two: the amendment of the pleadings to include adverse possession and/or prescriptive easement of the defendants' property and the plaintiffs' slander-of-title claim. The trial court abused its discretion when it amended the pleadings to include adverse possession and/or prescriptive easements of the defendants' property as potential theories of recovery because the defendants did not expressly or impliedly consent to the amendment. The record reveals that (1) plaintiffs did not assert factual allegations in the complaint consistent with adverse possession or prescriptive easement of the defendants' property and (2) the defendants did not have a fair opportunity to address the theory of adverse possession as it relates to their property at trial. Finally, the trial court did not err in finding that the plaintiffs failed to satisfy the first element of their slander-of-title claim because the defendants did not record a slanderous statement, as required to establish \publication.\