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· 10/13/2020

Elboco Ents. v. Billman

Citations

  • 2020 Ohio 4877

Syllabus

The trial court abused its discretion by not permitting appellant to amend its complaint to add appellee as a party where there was no evidence of bad faith, undue delay, or undue prejudice to appellee. The trial court erred in granting judgment on the pleadings where appellant could prove a set of facts in support of its quiet title action that would entitle it to relief given that the trial court had already granted default judgment against most of the defendants, thus vesting ownership rights of the land in appellant. The trial court erred in dismissing appellant's declaratory judgment action where there is a real controversy and justiciable issue between the parties regarding who owns the land in question and a decision by the trial court to quiet title in favor of a party will terminate the uncertainty of the ownership question.

Judges: Piper

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