The Ohio Court of Appeals for the Second District handed down another terrific decision on evidentiary issues in the case Bank of America v. Miller on March 25, 2011. The decision turns on the plaintiff's reliance on vague, conclusory and self-contradicting affidavits, together with the provision of exhibits purporting to explain mergers, which documents were not properly authenticated by affidavit. Forum regulars will instantly recognize some of these arguments and issues as matters which have often been a subject of recent discussion.
The case is:
Bank of America, NA v. Miller, Appellate Case No. 2010-CA-60, COURT OF APPEALS OF OHIO, SECOND APPELLATE DISTRICT, GREENE COUNTY, 2011 Ohio 1403; 2011 Ohio App. LEXIS 1234, March 25, 2011, Rendered.
The case is a good read and should be a cautionary lesson for those who either face questionable evidence or who are seeking to put valid evidence before the court.