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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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