Hargrove v. Hargrove

Summary

The Ohio Eleventh District Court of Appeals reviewed a trial court’s grant of summary judgment imposing a constructive trust and quieting title in favor of the appellee concerning real property purchased in the appellant’s name. The appellate court held that the trial court improperly relied on evidence from an untranscribed magistrate’s hearing when ruling on summary judgment. It reversed the judgment and remanded for further proceedings under the Ohio Rules of Civil Procedure.

Holdings

1. Summary judgment is not the proper procedure for determining or weighing factual issues; it is limited to deciding whether triable issues of fact exist under Civ.R. 56.
2. A trial court may consider only the evidence specified in Civ.R. 56(C) when ruling on summary judgment and may not consider testimony from a hearing unless the hearing has been transcribed and made part of the record.
3. The trial court erred in granting summary judgment imposing a constructive trust and quieting title in favor of mother based on evidence that was not properly before it.

Questions Presented

1. Whether the trial court properly granted summary judgment imposing a constructive trust and quieting title when it relied on oral testimony and other evidence from a magistrate's hearing that had not been transcribed and made part of the record.
2. Whether the trial court could resolve factual disputes and weigh the evidence concerning the parties' respective ownership interests through summary judgment.

Disposition

reversed_and_remanded