Weiner v. Hts. Med. Bldg., L.L.C.

Citations

• 2025 Ohio 2534

Syllabus

Political-subdivision immunity; R.C. 2744.01; R.C. 2744.01(G); R.C. 2744.02; R.C. 2744.02(C); Civ.R. 26(F); Civ.R. 16(B); Civ.R. 16(C); Civ.R. 56; abuse of discretion; dispositive motions; summary judgment; motion for leave; final, appealable order; appellate jurisdiction. Judgment reversed and case remanded. The trial court's denial of the City of Cleveland Heights' motion for leave to file a motion for summary judgment on its defense of political-subdivision immunity was a final, appealable order under R.C. 2744.02(C) because it deprived the City of the benefit of its asserted statutory defense. The trial court's denial of leave was an abuse of discretion because the case was less than six months old, discovery was ongoing, all parties had jointly sought to extend the litigation schedule, and allowing dispositive-motion practice would not prejudice the plaintiff.