Trinity Fin. Servs. v. Unknown Heirs of King
Citations
- 247 N.E.3d 943
- 2024 Ohio 2377
Syllabus
The trial court erred in granting summary judgment to plaintiff-appellee in a residential foreclosure case. The trial court abused its discretion in failing to compel appellee to produce the original note for inspection and to give an additional opportunity for discovery, pursuant to Civ.R. 56(F), prior to granting summary judgment. Genuine issues of material fact existed as to whether appellee had satisfied all conditions precedent prior to filing its action. Judgment reversed and remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring suppression of evidence of narcotics possession where affidavit was insufficient to show probable cause and issuing judge made no transcription or summary of officer’s testimony
- requiring suppression of evidence of narcotics possession where affidavit was insufficient to show probable cause and issuing judge made no transcription or summary of officer's testimony
- stressing significance of contemporaneous recording of sworn oral testimony in support of search warrant
- where an affidavit stating only that the investigating officer found marijuana in an automobile located on the premises was not sufficient probable cause to establish crimes being committed in the premises
- 6 Justices + 1 judge temporarily assigned
- 6 Justices + 1 judge temporarily assigned
Source: CourtListener parenthetical corpus (CC0).
Judges: Epley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.