Harsh v. NHC - Five Points, L.L.C.

Citations

• 2025 Ohio 2904

Syllabus

CIV.R. 56 — SUMMARY JUDGMENT — BREACH OF PROMISSORY NOTE — BREACH OF GUARANTY — NOTICE — MITIGATION OF DAMAGES — WAIVER — AFFIDAVIT: Where the language of the promissory notes and guaranties precluded defendants from relying on a lack of notice of default as a failure to mitigate damages, and defendants presented no evidence or argument regarding plaintiffs' lack of reasonable efforts to mitigate damages as the nonbreaching party, there was no genuine issue of material fact regarding notice and mitigation of damages that precluded a grant of summary judgment. The trial court's grant of summary judgment did not rely on a finding of credibility where the record lacked evidence contradicting plaintiffs' affidavit's averments regarding defendants' outstanding principal balance on promissory notes and guaranties.