Otterbeing Maineville, L.L.C. v. Carman

Citations

• 2025 Ohio 1013

Syllabus

Trial court did not err in entering final judgment where plaintiff's attempt to dismiss only remaining claims under Civ.R. 41(A)(1)(a), while preserving prior summary judgment rulings, was a legal nullity. Trial court did not err in granting summary judgment to nursing home where son's personal liability arose from breach of contractual duty to manage mother's resources rather than from prohibited third-party payment guarantee under Federal Nursing Home Reform Act. Trial court did not err in calculating damages based on diverted funds rather than Medicaid rates where nursing home was entitled to private-pay rates before resident established Medicaid eligibility. Trial court did not err in granting summary judgment on Consumer Sales Practices Act counterclaim where nursing home's contract enforcement and debt collection practices had colorable legal basis and did not constitute deceptive or unconscionable conduct.