Eagle Realty Invests., Inc. v. Dumon

Citations

• 201 N.E.3d 963
• 2022 Ohio 4106

Syllabus

SUMMARY JUDGMENT — BREACH OF CONTRACT — CONDITION PRECEDENT — CONSEQUENTIAL DAMAGES — PREJUDGMENT INTEREST — ATTORNEY FEES — MOTION TO AMEND: The trial court properly granted summary judgment in favor of plaintiffs where the contract language and subsequent acts of the parties made clear that the contract did not contain a condition precedent. The trial court's award of compensatory damages for equity contributions was proper because the contract referenced plaintiffs' obligations to provide equity payments, and loss of those equity payments was the natural and probable consequence of defendants' breach of the contract. The trial court properly determined the accrual date for prejudgment interest, and the statutory rate under R.C. 1343.03(A) applied. The trial court erred awarding attorney fees without holding a hearing where defendants disputed the reasonableness of plaintiffs' attorney-fee request. The trial court properly denied defendants' motion to strike an affidavit attached to plaintiffs' motion for summary judgment when the affidavit was supplemented to comply with Civ.R. 56(E). The trial court did not abuse its discretion when it denied defendants' motion to amend their pleading when the amendment would have been futile, and the motion was untimely when it was filed months after the parties moved for summary judgment.