Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Covington v. Garrett

October 1, 2008

HIAWATHA COVINGTON APPELLANT
v.
ERIC D. GARRETT, ET AL. APPELLEES



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV 06 05 3184.

The opinion of the court was delivered by: Carr, Presiding Judge

DECISION AND JOURNAL ENTRY

{¶1} Appellant, Hiawatha Covington ("Covington"), appeals the judgment of the Summit County Court of Common Pleas, which entered summary judgment in favor of Appellees, Eric D. and Pershawna Garrett ("Garretts"), and First Merit Bank, N.A. ("First Merit"), on all of Covington's claims. This Court affirms.

I.

{¶2} In August of 2003, Covington moved from Hope, Arkansas to Akron, Ohio, and lived with the Garretts - her daughter and son-in-law - for approximately four (4) months. In September of 2004, Covington was added to the checking account of Mr. Garrett, and given an ATM/debit card. In October of 2004, a check from the Social Security Administration in the name of Covington was deposited in the joint account in the amount of $22,986, and in January of 2005 an additional $25,110.60 was directly deposited by the Social Security Administration on behalf of Covington.

{¶3} On May, 19, 2006, Covington filed a complaint against the Garretts and First Merit for the recovery of money she alleged was obtained without permission from the joint bank account shared with Mr. Garrett. On January 30, 2007, Covington's counsel moved to withdraw as counsel, and on February 7, 2007, he was withdrawn. Covington proceeded through the remainder of the action pro se.

{¶4} On July 3 and July 6, 2007, First Merit and the Garretts, respectively, filed separate motions for summary judgment. On July 13, 2007, Covington filed a motion for stay of motion for summary judgment and a motion for enlargement of time to respond.

{¶5} On October 2, 2007, a pretrial was held before Magistrate John Shoemaker, at which the trial court gave Covington until October 10, 2007, to respond to the motions for summary judgment. On October 9, 2007, First Merit filed a supplemental memorandum in support of its motion for summary judgment. On October 23, 2007, the trial court granted the Garretts' and First Merit's motions for summary judgment. In coming to its conclusion, and after finding that the Garretts and First Merit fulfilled their burden of showing summary judgment was appropriate, the trial court provided: "to survive summary judgment, the nonmoving party, which in this case is the Plaintiff, must produce some evidence on any issue for which that party has a burden of proof. In this case, the nonmoving party has not responded." Covington timely appeals, setting forth four assignments of error.

II.

ASSIGNMENT OF ERROR I

"THE TRIAL COURT STATED: 'NOW IF THAT IS NOT A DISPUTED ISSUE OF MATERIAL FACT, I DON'T KNOW WHAT IS', [sic] AND THEN WENT ON TO GRANT SUMMARY JUDGMENT AGAINST [COVINGTON]."

ASSIGNMENT OF ERROR II

"OPPOSING COUNSEL STATED: 'MY MOTION IS A MOTION FOR PARTIAL SUMMARY JUDGMENT', [sic] AND THE TRIAL COURT ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.