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· 9/21/2017

Davie v. Nationwide Ins. Co. of Am.

Citations

  • 2017 Ohio 7721

Syllabus

Vexatious litigator vexatious conduct R.C. 2323.52 res judicata summary judgment. Vexatious litigator counterclaim was not barred by res judicata. Trial court erred in considering lawsuit filed by party's wife in determining whether he was a vexatious litigator under R.C. 2323.52. Because reasonable minds could disagree as to whether party habitually, persistently and without reasonable grounds engaged in vexatious conduct trial court erred in granting motion for summary judgment in favor of counterclaim plaintiff on vexatious litigator counterclaim.

Judges: Gallagher

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