Hubbard v. Charter One Bank

Citations

• 2017 Ohio 1033

Syllabus

Summary judgment default judgment Consumer Sales Practices Act R.C. Chapter 1345 fraud negligence breach of fiduciary duty agency respondeat superior credit repair services financial institution service Civ.R. 4 failure to serve within one year statute of limitations waiver of defenses Civ.R. 12(B)(6) pleading Civ.R. 56(C) compliant evidence deposition testimony. The court incorrectly ruled that the statute of limitations precluded suit when that defense was waived when not presented in an answer or other pleading as directed by Civ.R. 8(C). However, a financial institution was still entitled to summary judgment where the evidence presented indicated that a third party was responsible for any loss suffered by the appellant. The trial court properly dismissed claims against the remaining parties where proper service was not accomplished within one year.