Budz v. Somerfield

Citations

• 2023 Ohio 155

Syllabus

The trial court did not err in granting summary judgment to plaintiffs-appellees on their claim under R.C. 2117.12 (action on rejected claim in probate court) and denying defendants-appellants' motion for summary judgment. Plaintiffs-appellees were not required to address affirmative defenses in their summary judgment motion. Defendants-appellants did not raise their affirmative defenses in their own summary judgment motion, and they did not file a memorandum in opposition to plaintiffs-appellee's motion for summary judgment. Defendants-appellants' failure to raise their affirmative defenses in the trial court waived those defenses, and they could not be raised for the first time on appeal when seeking reversal of the judgment. Judgment affirmed.