In re Estate of Beatley v. Fisher

Citations

• 2024 Ohio 5109

Syllabus

In an action for concealment of assets pursuant to R.C. 2109.50, the probate court's use of summary judgment to resolve the action prior to conducting an examination of the defendant-appellee was both supported by law and justified by the plaintiff-appellant's acquiescence to the procedure. Summary judgment in favor of the defendant-appellee was warranted where the motion for summary judgment set forth Civ.R. 56 evidence showing the defendant-appellee owned the contested property, the statements in plaintiff's-appellant's verified complaint concerning ownership of the property were not based on personal knowledge, and plaintiff-appellant failed to otherwise respond by the unopposed deadline to identify specific facts showing a genuine issue exists for trial or file a Civ.R. 56(F) motion supported by affidavit to conduct additional discovery. Judgment affirmed.