Gerston v. Parma VTA, L.L.C.
Citations
- 2018 Ohio 2185
Syllabus
Standing necessary parties jurisdiction R.C. 1335.04/statute of frauds contract documents manifest weight statute of limitations. Decedent's will established that his remaining assets transferred to the Trust thereby giving the Trust a vested interest giving appellee standing to bring forth its complaint against appellant. None of appellee's claims included a claim for conversion. Appellee's declaratory judgment action was not untimely for failing to fall within the statute of limitations for conversion. Appellee joined all necessary parties in its original action the trial court had jurisdiction to proceed on appellee's complaint. The statute of frauds was applicable where it was shown that a proper transfer had not occurred. Contract documents stipulated that any modification, transfer, or assignment of interest must be done so in writing. Appellants submitted no evidence of a written agreement. The trial court did not err in finding that any alleged oral assignment was improper.The trial court's judgment resolving the ownership dispute was supported by competent, credible evidence and was not against the manifest weight of the evidence.
Judges: Jones
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13 cases in this archive cite this case.
- V.C. v. O.C.Ohio Court of Appeals· 2021-04-29· cited 14×
- Machen v. MillerOhio Court of Appeals· 2024-04-04· cited 9×
- Estie Invest. Co. v. BraffOhio Court of Appeals· 2018-10-29· cited 8×
- State v. MarnerosOhio Court of Appeals· 2021-08-19· cited 7×
- Gerston v. Parma VTA, L.L.C.Ohio Court of Appeals· 2020-06-25· cited 6×
- Illum. Co. v. BosemannOhio Court of Appeals· 2020-07-09· cited 5×
- Gerston v. Parma VTA, L.L.C.Ohio Court of Appeals· 2023-05-11· cited 3×
- Gerston v. Parma VTA, L.L.C.Ohio Court of Appeals· 2024-08-08· cited 3×
- State v. O'MalleyOhio Court of Appeals· 2021-06-17· cited 2×
- Yagour Group, L.L.C. v. CiptakOhio Court of Appeals· 2024-01-11· cited 2×
- State v. CunninghamOhio Court of Appeals· 2025-01-09
- In re C.L.Ohio Court of Appeals· 2025-06-12
- Parma VTA, L.L.C. v. Parma GE 7400, L.L.C.Ohio Court of Appeals· 2025-09-11
Cites
17 cases in this archive are cited by this case.
- State v. ThompkinsOhio Supreme Court· 1997-05-14· cited 16,183×
- Blakemore v. BlakemoreOhio Supreme Court· 1983-07-06· cited 14,330×
- Warth v. SeldinSupreme Court· 1975-06-25· cited 10,875×
- Seasons Coal Co. v. City of ClevelandOhio Supreme Court· 1984-04-18· cited 4,990×
- C. E. Morris Co. v. Foley Construction Co.Ohio Supreme Court· 1978-05-24· cited 4,737×
- Eastley v. VolkmanOhio Supreme Court· 2012-05-22· cited 2,407×
- Stone v. DavisOhio Supreme Court· 1981-04-22· cited 209×
- Ross v. RossOhio Supreme Court· 1980-12-23· cited 207×
- Sharp v. Norfolk & Western Railway Co.Ohio Supreme Court· 1995-06-14· cited 178×
- In re Adoption of GibsonOhio Supreme Court· 1986-04-30· cited 142×
- Werden v. CrawfordOhio Supreme Court· 1982-05-26· cited 91×
- Olympic Holding Co., L.L.C. v. ACE Ltd.Ohio Supreme Court· 2009-05-07· cited 79×
- Revilo Tyluka, L.L.C. v. Simon Roofing & Sheet Metal Corp.Ohio Court of Appeals· 2011-04-21· cited 43×
- Plumbers & Steamfitters Local Union 83 v. Union Local School District Board of EducationOhio Supreme Court· 1999-09-08· cited 28×
- Berry v. LupicaOhio Court of Appeals· 2011-10-18· cited 27×
- Domaradzki v. SliwinskiOhio Court of Appeals· 2011-05-12· cited 16×
- Davet v. SheehanOhio Court of Appeals· 2014-12-24· cited 14×
Other cases named Gerston v. Parma VTA, L.L.C.
5 other CourtListener records share this case name.
- Gerston v. Parma VTA, L.L.C.Ohio Court of Appeals· 2020-06-25· cited 6×
- Gerston v. Parma VTA, L.L.C.Ohio Court of Appeals· 2023-05-11· cited 3×
- Gerston v. Parma VTA, L.L.C.Ohio Court of Appeals· 2024-08-08· cited 3×
- Gerston v. Parma VTA, L.L.C.Ohio Supreme Court· 2018-10-10· cited 2×
- Gerston v. Parma Vta, L.L.C.Ohio Supreme Court· 2018-08-07
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