O'Brien v. Shorey

Citations

• 2021 Ohio 2519

Syllabus

Summary judgment, genuine issue of material fact, marketable title, breach of contract, impossibility, bad faith, attorney fees, evidentiary hearing. The trial court did not err in granting partial summary judgment to the appellee because the appellant did not demonstrate any genuine issue of material fact for trial. The appellant did not demonstrate that he was unable to convey clear and marketable title to the appellee, and thus breached the contract between them. The appellant's claims of impossibility are unfounded, and operated in bad faith, resulting in the trial court awarding the appellee attorney fees. The trial court did not err in awarding attorney fees because the appellant acted in bad faith. The trial court did not err in not holding an evidentiary hearing on the award of attorney fees because the appellant and appellee previously agreed that the issue of attorney fees would be decided on briefs, and the local rules allows the trial court to decide the issue without holding a hearing.