Rosett v. Holmes

Citations

• 2023 Ohio 606

Syllabus

Forcible entry and detainer unopposed motion for summary judgment motion not ruled on deemed denied failure to file transcript regularity presumed. A trial court may not automatically grant a motion for summary judgment on the sole ground that it was unopposed. Rather, the trial court is required to find that the movant has demonstrated that there is no genuine issue as to any material fact and reasonable minds could conclude that judgment must issue as a matter of law. A motion that is not ruled on is deemed denied. Appellant's failure to file a transcript to support his or her objections to a magistrate's decision, as well as on appeal, requires the trial court and appellate court to presume the regularity of the proceedings.