Ohnstad v. Bruce & Mary Ann Erickson Found.

Citations

• 2026 Ohio 810

Syllabus

SUMMARY JUDGMENT — SUFFICIENCY OF SERVICE OF PROCESS — STATUTE OF LIMITATIONS — COMMENCEMENT — CAPACITY — WAIVER — TRUST: Defendant trust waived the defense of lack of capacity to be sued by not asserting the defense in its answer and the trial court accordingly erred in granting the trust summary judgment on plaintiffs' claims based on plaintiffs' failure to perfect service where plaintiffs served the trustee of the trust within the statute-of-limitations period and plaintiffs' naming the trust rather than the trustee as the defendant did not cause service to be insufficient because the trust waived the defense of lack of capacity. Plaintiffs' challenge to the trial court's denial of their motion for relief from judgment was moot where the appellate court reversed the trial court's summary judgment from which plaintiffs sought relief.