Karras v. Karras

2017 Ohio 5829, 94 N.E.3d 1036
CourtOhio Court of Appeals
DecidedJuly 14, 2017
DocketNO. 27403
StatusPublished
Cited by6 cases

This text of 2017 Ohio 5829 (Karras v. Karras) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Karras v. Karras, 2017 Ohio 5829, 94 N.E.3d 1036 (Ohio Ct. App. 2017).

Opinion

FROELICH, J.

{¶ 1} Catherine A. Karras appeals from a judgment of the Montgomery County Court of Common Pleas which granted Terry Karras's motion for summary judgment on various issues pertaining to the title of several parcels of land located on Wilmington Pike and found that Catherine Karras did not have any ownership interest in those parcels.

Background and Procedural History

{¶ 2} The Wilmington Heights Shopping Center in Kettering is a commercial shopping center operated by a business partnership known as Karras Realty. There were five equal partners-all members of the Karras family-when the property was purchased in 1956, and they or their successors continue the business partnership today. Terry Karras, as trustee of the James G. Karras Trust, is one of the partners, and she is the managing partner of Karras Realty. The other partners are: Lula Karras (as trustee of the Pete G. Karras Family Trust); Andreas Karras or his successors (as trustee of the Andreas G. Karras Family Trust); OJUS, an Ohio limited liability company; and Katherine Karras Elias. Catherine A. Karras is Andreas Karras's former wife, and the similarity of her name to the name of business partner Katherine Karras Elias is at the root of this case.

{¶ 3} The land on which the Wilmington Heights Shopping Center sits consists of *1039 four contiguous parcels of land, all of which are owned by the partnership. We will refer to these parcels collectively as "the property" or the Wilmington Heights Shopping Center.

{¶ 4} Catherine and Andreas Karras divorced on January 28, 1981. Their divorce decree provided, among other things:

11. Defendant [Andreas] shall henceforth be the sole and absolute owner of all his various business interests whether sole proprietorships, corporate, shareholdings or partnership interests and all other interests in real property not hereinbefore specifically referred to and Plaintiff [Catherine] shall have no claim upon any of said property interests and/or business interests.
12. Each party hereto shall, upon the request of the other, execute and acknowledge any and all deeds or other instruments of conveyance to enable such other party to sell or otherwise dispose of his or her own property, be it real or personal, free from any inherent right of inchoate dower therein.

{¶ 5} The divorce decree did not distribute any real property to Catherine. None of the specific provisions of the divorce decree referred to the Wilmington Heights Shopping Center, so its distribution fell under paragraph 11, regarding the distribution of Andreas's business interests and interests in real property.

{¶ 6} On the day that the final judgment and decree of divorce was entered, quit claim deeds were executed related to two of the parcels on which the Wilmington Heights Shopping Center is situated. (A quit claim deed transfers any interest or claim which the grantor possesses in the property to the grantee. Black's Law Dictionary 1251 (6th Ed. 1990).) However, the quit claim deeds, which had been prepared by the attorney who represented Andreas in the divorce, contained the type-written name "Katherine Karras" in the text and under the signature lines; they were signed by "Katherine Karras" the same day. These deeds transferred all of "Katherine's" interests to Andreas.

{¶ 7} In 2014, when Karras Realty was apparently exploring the possibility of selling the Wilmington Heights Shopping Center, Chicago Title identified a cloud on the title of the property due to the appearance that Katherine Karras Elias, one of the owners of the property and one of the partners in Karras Realty, had signed quit claim deeds in 1981. This concern related to the document signed by "Katherine Karras" in January 1981, the same day as the divorce.

{¶ 8} In February 2015, Terry Karras filed a complaint to quiet title to the Wilmington Heights Shopping Center properties. The complaint sought a determination that the signatures on the quit claim deeds executed in January 1981 were those of Catherine Karras, former wife of Andreas, rather than of Katherine Karras Elias, another owner of the property. The complaint also sought a declaration that Catherine Karras had no legal or equitable interest in the other two parcels which comprised the Wilmington Heights Shopping Center, for which quit claim deeds had not been executed. 1

{¶ 9} Catherine Karras filed an answer and raised several affirmative defenses to Terry's claims. On December 2, 2015, Terry *1040 filed a motion for summary judgment; her motion was supported by her own affidavit, two warranty deeds and two quit claim deeds related to the property, and a copy of Catherine and Andreas Karras's 1981 decree of divorce. Catherine Karras moved to strike portions of Terry's affidavit. Catherine also filed a memorandum contra and a "cross motion for summary judgment," in which she asserted that there was no genuine issue of material fact that she still held an interest in the property; she alleged that she had held title separately from Andreas and that the divorce decree did not terminate her interest or order her to transfer it to Andreas. No evidentiary materials were attached to Catherine's filings.

{¶ 10} On June 3, 2016, the trial court granted Terry's motion for summary judgment and for a declaratory judgment, and implicitly overruled Catherine's motion for summary judgment. In its judgment, the trial court also granted in part and overruled in part Catherine's motion to strike portions of Terry's affidavit. On the same date, the trial court issued a Civ.R. 58(B) notice of final appealable order. Catherine appeals from the trial court's June 3, 2016, judgment, assigning as errors the court's decision to grant summary judgment to Terry and to deny her own motion for summary judgment.

{¶ 11} The central issue in Catherine's appeal and in both of her assignments of error is whether the trial court erred in concluding that there was no genuine issue of material fact that she (Catherine) had signed the 1981 quit claim deeds and that she had no current legal or equitable interest in the property. She also challenges the trial court's rejection of some of her affirmative defenses. We begin with the central issue of title to the property.

Title to the Property

{¶ 12} Catherine asserts that Terry did not meet her burden to establish that Catherine signed the quit claim deeds. She also claims that the divorce decree did not require her (Catherine) to transfer anything to Andreas and did not terminate her ownership interest in the shopping center property. She argues that the trial court must have erroneously relied on statements from Terry's affidavit that were stricken from the record to arrive at its conclusions.

{¶ 13} Prior to the trial court's decision granting Terry's motion for summary judgment, Catherine had sought to strike certain paragraphs of an affidavit submitted by Terry in support of the motion.

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Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 5829, 94 N.E.3d 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karras-v-karras-ohioctapp-2017.