Galloway v. Garmon, Exr.

Citations

• 2025 Ohio 5044

Syllabus

Declaratory judgment; summary judgment; Civ.R. 56; de novo; evidence; unauthenticated; contract; agreement; property; real estate; right of first refusal; signed; statute of frauds; offer; acceptance; meeting of the minds; motion for relief from judgment; Civ.R. 60(B); grounds for relief; meritorious claim; abuse of discretion. Affirmed probate court's decision granting summary judgment to defendants-appellees on plaintiffs-appellants' claims for \declaration of validity of agreement to sell\ and specific performance where there was a lack of admissible evidence to support appellants' claims, and even if a purported letter were admissible, there was no valid contract. The alleged contract was not signed by a co-owner of the property and arguably violated the statute of frauds, acceptance was not made in a reasonable time, and there was no meeting of the minds. The trial court did not abuse its discretion in denying appellants' motion for relief from final judgment pursuant to Civ.R. 60(B).