Betz v. Gist

Citations

• 2023 Ohio 1589

Syllabus

In separate appeals, appellants appeal from the trial court's order granting summary judgment in favor of appellee and its denial of their subsequent motion for relief from that judgment. The trial court erred in granting appellee's motion for summary judgment on a note and foreclosure of a mortgage. Construing the evidence most strongly in favor of appellants, genuine issues of material fact existed regarding whether appellants' obligation to commence payments on the note had been triggered by the alleged completion of the restoration of their home due to fire damage. As it conducts further proceedings in this case, the trial court must determine whether the late fee provision in the note is in the nature of a penalty, rather than to compensate appellee for her alleged loss. Judgment entering summary judgment is reversed and remanded. Appeal from judgment denying relief from judgment is dismissed as moot.