There is a terriffic new appellate decision out of Ohio last week in the case U.S. Bank v. Richards. The decision reverses an improperly granted summary judgment motion.
The basis for the decision was the improper consideration of evidence submitted by the plaintiff but not properly autheticated by the plaintiff's affidavit in support of summary judgment.
Those defending against summary judgment would be very well advised to carefully read this well thought out decision and to use it to inform your evidentiary objections and defenses when the plaintiff improperly pleads evidence.
The Lexis citation of this case is:
U. S. Bank, N.A. v. Richards, C.A. No. 25052, COURT OF APPEALS OF OHIO, NINTH JUDICIAL DISTRICT, SUMMIT COUNTY, 2010 Ohio 3981; 2010 Ohio App. LEXIS 3376, August 25, 2010, Decided.
You can easily find this case for free at the LexisOne site OR directly from the Ohio Courts web site at: