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.