Oxford Campus I., L.L.C. v. Michael

Citations

• 259 N.E.3d 54
• 2024 Ohio 5614

Syllabus

Summary judgment in favor of landlord on breach of commercial lease claims was warranted where the tenant did not dispute the conduct or conditions at issue that violated the clear terms of the lease and failed to present Civ.R. 56 evidence to meet his reciprocal burden to establish a genuine issue of material fact remains for trial. The trial court likewise did not err in awarding the landlord the money damages it sought since the landlord demonstrated its entitlement to damages in an amount ascertainable with reasonable certainty and the tenant did not present evidence to oppose those amounts. Because a genuine issue of material fact remained as to whether an act of default occurred under the lease to permit the award of attorney's fees, summary judgment on that issue was not appropriate and the matter was remanded to the trial court to conduct further proceedings on that issue. Judgment affirmed in part and reversed in part; cause remanded with instructions.