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· 8/23/2018

N. Chem. Blending Corp., Inc. v. Strib Industries, Inc., D.B.A. Prod. Chem.

Citations

  • 2018 Ohio 3364

Syllabus

App.R. 3(D) notice of appeal affidavit strike evidence summary judgment trade secret misappropriation breach of contract tortious interference business relationship improper invoice written admission counterclaim deposition testimony admissible untimely Civ.R. 56. The trial court did not abuse its discretion in striking the untimely affidavit attached to the appellants' brief in opposition to summary judgment. Nor did the court abuse its discretion in striking exhibits that were not incorporated in a properly framed affidavit. The trial court erred as a matter of law in granting summary judgment in favor of defendants. Defendants did not come forward with admissible evidence suggesting that there is a genuine issue for trial.

Judges: Gallagher

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