Todd Dev. Co. v. Morgan

862 N.E.2d 116, 112 Ohio St. 3d 1488

• Court: Ohio Supreme Court
• Decided: February 28, 2007
• Docket: 2007-0041
• Status: Published

Opinion

Warren App. No. CA2005-11-124, 2006-Ohio-4825. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 8 of the court of appeals’ Decision and Entry filed December 13, 2006:

“Does a plaintiff or counterclaimant moving for summary judgment granting affirmative relief on its own claims bear the initial burden of addressing the non-moving party’s affirmative defenses in its motion?”

O’Donnell, J., dissents.

The conflict case is Countrymark Cooperative, Inc. v. Smith (1997), 124 Ohio App.3d 159, 705 N.E.2d 738.