Martin v. Becker

Citations

• 2025 Ohio 2356

Syllabus

Contractor-appellant brought suit on his mechanic's lien for work performed on a condominium, and appellees counterclaimed for breach of contract, negligence, unsafe conditions, and violations of the Consumer Sales Practices Act. The trial court granted summary judgment to appellees on all counterclaims and, later, determined damages for the counterclaims. On appeal, contractor could not raise issues related to the grant of summary judgment on his claims, because he did not appeal the trial court's final appealable order resolving those claims. Appellees had standing to assert the counterclaims, notwithstanding the sale of the condominium. The trial court's failure to consider contractor's motion for reconsideration of the interlocutory grant of summary judgment on the counterclaims, based on the mistaken belief that it lacked jurisdiction to do so, requires remand. Judgment reversed and remanded.