Absolute Resolutions Investments, LLC v. Justin C. Marshall

Summary

The First District Court of Appeals of Ohio affirmed summary judgment in favor of Absolute Resolutions Investments, LLC, in its action to recover a debt allegedly assigned by U.S. Bank. The court held that the bill of sale and asset schedule, submitted with a more definite statement and considered with the summary-judgment evidence, established the validity of the assignment and absence of a genuine issue of material fact.

Holdings

1. A filing made in compliance with an order granting a motion for a more definite statement becomes part of the pleadings and may be considered as part of the summary-judgment record.
2. The bill of sale and asset schedule, together with the other summary-judgment evidence, established the absence of a genuine issue of material fact concerning the validity of the assignment.
3. Summary judgment was proper because Absolute Resolutions established the elements of its claim and the absence of a genuine issue of material fact, while Marshall failed to present specific facts showing a triable issue.

Questions Presented

1. Whether the trial court properly granted summary judgment where the plaintiff's pleadings and supporting evidence established a valid assignment of the defendant's credit-card account.
2. Whether an asset schedule filed in response to an order granting a motion for a more definite statement could be considered part of the pleadings and used in ruling on summary judgment.
3. Whether the evidence, construed in favor of the nonmoving party, created a genuine issue of material fact concerning the assignment.
4. Whether Midland Funding, LLC v. Snedeker required reversal.

Disposition

affirmed