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116 Ohio St. 3d 461

Todd Development Co. v. Morgan

Ohio Supreme Court

Decided January 17, 2008

Ohio Supreme Court · decided 2008-01-17

Relies on Dresher v. Burt

Good law ✅— No negative treatment on recordhow we know

Decided 2008-01-17

How this case has been cited

Cited by 111 later decisions — most recently November 2024 · most notably State ex rel. Clay v. Cuyahoga Cty. Med. Examiner's Office (Slip Opinion) (2017), State Ex Rel. Gilmour Realty, Inc. v. City of Mayfield Heights (2009)

110 state decisions

720200820102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lanzinger, J.,

¶1concurring in judgment only.

¶2{¶ 25} I would strike reference to Dresher v. Burt (1996), 75 Ohio St.3d 280, 662 N.E.2d 264, as singularly unhelpful to the determination of the instant matter. In Dresher, a plurality of this court held that a moving party has the burden to identify those portions of the record that demonstrate the absence of an issue of fact on a nonmoving party’s claim. Id. at 292, 662 N.E.2d 264. The decision, limited in scope, does not lead to the conclusion that affirmative defenses need not be addressed by a plaintiff or counterclaimant filing a summary judgment motion.

¶3{¶ 26} The holding in this case adequately rests upon Civ.R. 56 alone, and on that basis, I concur.

Matre & Matre Co., L.P.A., James A. Matre, and Kerrie K. Matre, for appellees.Leppla Associates, Gary J. Leppla, and Eric S. Thompson, for appellants.
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