OHIO 2nd APPELLATE DIST. REVERSES SUMMARY JUDGMENT; BANK OF AMERICA v. LITTERAL

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OHIO 2nd APPELLATE DIST. REVERSES SUMMARY JUDGMENT; BANK OF AMERICA v. LITTERAL

OHIO 2nd APPELLATE DIST. REVERSES SUMMARY JUDGMENT; BANK OF AMERICA v. LITTERAL

Bank of America, Plaintiff-Appellee,

v.
Rodney K. Litteral, et al., Defendant-Appellant.

Appellate No. 23900.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 3, 2010.

Excerpt:

{¶ 1} Defendant-appellant Rodney Litteral appeals from a summary judgment rendered against him and in favor of plaintiff-appellee Bank of America. Litteral contends that the trial court abused its discretion and denied Litteral due process by failing to grant a motion for additional time to obtain counsel and respond, prior to granting the motion for summary judgment. Litteral also argues that the trial court erred by granting summary judgment before the deadline fixed by the trial court for Litteral’s response to the motion had passed.

{¶ 2} We conclude that the trial court erred in prematurely rendering summary judgment in favor of Bank of America. By prematurely entering the judgment the trial court erroneously removed Litteral’s timely filed motion for a continuance from its consideration. By depriving Litteral of the consideration of his motion within its sound discretion, the trial court erred to Litteral’s prejudice. Accordingly, the judgment of the trial court is Reversed, and this cause is Remanded for further proceedings consistent with this opinion.

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One Response to “OHIO 2nd APPELLATE DIST. REVERSES SUMMARY JUDGMENT; BANK OF AMERICA v. LITTERAL”

  1. dpreston says:

    Glad to see someone is winning even in appeals. I guess that’s the route to go. Perhaps the higher judges have some sense about them and they obviously understand realestate 101. Perhaps they should hold a class on the laws that regulate real estate so the lower ancient judges can under stand. People over 60 should not be judges any way not in these times as they are stuck in the wrong era where banks followed the rules. Now they are too old to see the fraud. Shouldn’t they be fishing with their great grand children instead of stealing all the peoples homes fraudulently. When is something going to happen to the law firms bringing all the fraud? Why is our court systems so corrupt? Why does it take appeals every time to bring the truth? Our court systems are so blatantly corrupt and siding with the banks – my suggestion is to put the judge in jail for every case reversed or sanctions of 1 million and up TO the homeowner might stip this fiasco in its tracks. Try it you may like what happens. Sick world we are trying to survive now. Sick corrupt horrifying world. Debi

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