Jay Realty v. J.P.S. Properties Diversified, Inc.

Citations

• 248 N.E.3d 295
• 2024 Ohio 2458

Syllabus

Nunc pro tunc motion for summary judgment deed restrictive covenant quiet title action declaratory judgment doctrine of merger by ownership self-termination provision plain and unambiguous language additional authority App.R. 21(I) new assignment of error on appeal. The trial court erroneously issued a nunc pro tunc entry to change its ruling on the parties' motions for summary judgment. Further, the Use Restriction in dispute was not subject to the doctrine of merger by ownership and had not terminated pursuant to the self-termination provision. Therefore, the trial court erred when it granted plaintiff-appellee's motion for summary judgment on the quiet title claim. Relying on the terms of the Use Restriction, which were plain and unambiguous, the trial court erroneously determined the restriction did not apply to the uses proposed by the plaintiff-appellee and thereby granted summary judgment on the declaratory judgment issue. At the court of appeals, the defendant-appellant was precluded from arguing a new assignment of error that was not raised in the appellate brief and from introducing new documents — not case law — that were erroneously referenced as additional authorities under App.R. 21(I).