Georgetown of the Highlands Condominium Owners' Assn. v. Nsong

Citations

• 2018 Ohio 1966
• 113 N.E.3d 192

Syllabus

Civ.R. 56(C)/summary judgment dispositive motion R.C. 5311.18(C)/discharge of condominium liens Evid.R. 702/expert witness/attorney fees relief from judgment. Where appellee filed its motion for summary judgment and appellant did not oppose the motion disputing the alleged amount owed or file any dispositive motion to demonstrate that there was no genuine issue of material fact as to appellant's counterclaims, the trial court did not err or abuse its discretion in granting appellee's motion. Appellant failed to establish that her property was trespassed against by an unauthorized intentional act neither was appellee negligent in the manner in which it responded to the emergency situation going on in appellant's unit. Appellant's argument disputing the amount owed to appellee failed where appellant did not oppose appellee's summary judgment motion. Appellant's invasion of privacy claim fails where appellant failed to show that appellee made any type of public disclosure about appellant that would have put appellant in a false light. Based on the terms of the association's declaration and bylaws, appellee was permitted to enter appellant's unit where an emergency existed. Appellant's breach of contract claim fails. The expert witness established that the attorney's hourly rate charged was reasonable and appellant failed to present any evidence that the fees charged were unreasonable. The trial court did not err in denying appellant's motion for relief from judgment. It was established that appellant was indebted to the United States and appellant failed to present evidence demonstrating otherwise.