Helton v. Fifth Third Bank

Citations

• 2022 Ohio 1023

Syllabus

LAW-OF-THE-CASE DOCTRINE – UNJUST ENRICHMENT – SUMMARY JUDGMENT – TRUSTS: The law-of-the-case doctrine did not bar the trial court from reentering summary judgment in favor of defendant trustee on plaintiffs' claim for unjust enrichment after the appellate court's reversal of the trial court's prior entry of summary judgment on that claim where the record was expanded following remand and where the legal basis for granting summary judgment was not raised in the first motion for summary judgment or in the first appeal before the appellate court. Where plaintiffs conferred no benefit on defendant, the trial court did not err in granting summary judgment to defendant on plaintiffs' claim for unjust enrichment.