Fowler v. Fimiani

Citations

• 2017 Ohio 9333

Syllabus

REAL PROPERTY - real estate transaction summary judgment trial court did not err in allowing defendant-seller to supplement her motion for summary judgment by including an affidavit that merely authenticated documents defendant attached to her motion for summary judgment trial court does not commit reversible error by considering documents not in accord with Civ.R. 56(C) or (E) where there is no suggestion that the documents are not authentic or that the result would be different if documents were properly authenticated trial court did not err in granting summary judgment in favor of defendant where no genuine issues of material fact remained as to plaintiff-purchaser's claim for fraudulent concealment and fraudulent misrepresentation where plaintiff's inspector pointed out various defects related to the water leakage problem in basement and advised plaintiff to verify the basement wall was properly backfilled but plaintiff failed to do so and instead proceeded with the purchase and used the inspection to obtain better terms of sale.