Mitchell v. Babickas

Citations

• 2018 Ohio 383

Syllabus

Motion for summary judgment de novo Civ.R.56 service rebuttable presumption Civ.R. 5(D), vexatious litigator R.C. 2323.52 motion to hold case in abeyance Civ.R. 6(B)(2) abuse of discretion. Judgment affirmed. Trial court properly granted summary judgment in favor of defendant. Scotts' motion for summary judgment contained a certificate of service as required by Civ.R. 5(D). There is no evidence in the record that the motion had been returned to defendant indicating failure of delivery. Moreover, the evidence submitted to the trial court clearly demonstrated a pattern of conduct engaged in by plaintiff was designed to harass the defendant. Additionally, the trial court properly exercised its discretion in proceeding with the case.