Simek v. Orthopedic & Neurological Consultants, Inc.

Citations

• 2019 Ohio 3901

Syllabus

Judgment affirmed in part reversed in part. The trial court properly certified its summary judgment decision as a final appealable order with no just reason for delay. The trial court erred in granting summary judgment to defendants on plaintiffs' claim for breach of fiduciary duty in the real estate partnership relating to defendants' decision to change the rents on the properties. The trial court did not err in granting defendants' motion for summary judgment on plaintiffs' claims for breach of fiduciary duty in the real estate partnership regarding the potential sale of the properties, for breach of the purchase of partnership interest agreement, for spoliation of evidence, or for unjust enrichment, conversion, and breach of an implied in fact contract. The trial court did not err in denying plaintiff motion to compel discovery.