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1020 Bolivar, LLC, et al. v. Nicholas A. Zarnas

January 13, 2011

1020 BOLIVAR, LLC, ET AL. PLAINTIFFS-APPELLEES
v.
NICHOLAS A. ZARNAS, ET AL. DEFENDANTS-APPELLANTS



Civil Appeal from the Cuyahoga County Common Pleas Court Case Nos. CV-636138 and CV-636139

The opinion of the court was delivered by: James J. Sweeney, J.

Cite as

1020 Bolivar L.L.C. v. Zarnas,

JOURNAL ENTRY AND OPINION

JUDGMENT: REVERSED AND REMANDED

BEFORE: Sweeney, J., Stewart, P.J., and Boyle, J.

RELEASED AND JOURNALIZED: January 13, 2011

ATTORNEYS FOR APPELLANTS

J. Brian Kenney

Robert D. Kehoe Joseph J. Jerse Kehoe & Associates, L.L.C. 900 Baker Building 1940 East Sixth Street Cleveland, Ohio 44114-2210

{¶1} Defendants-appellants, Nicholas A. Zarnas and Nicholas A. Zarnas,

Inc.,*fn1 appeal from the trial court's order that granted partial summary judgment to plaintiffs-appellees, 1020 Bolivar, LLC and 1104 Prospect Avenue Park and Lock,L.L.C.*fn2 to declare NAZ, Inc.'s mechanics' liens against their properties void and to discharge the related properties from the liens as a matter of law. For the following reasons, we reverse and remand.

{¶2} We recognize that the underlying consolidated litigation involves

multiple parties and claims that remain pending. However, the trial court's judgment entry expressly provided "no just reason for delay." Civ.R. 54(B). Therefore, for purposes of this appeal, our factual references will be limited to only those relevant to a determination of the sole issue before us - that is, whether the trial court erred in granting appellees' partial motion for summary judgment concerning two mechanics' liens.

Summary Judgment Standard

{¶3} Summary judgment is appropriate where it appears that: (1) there is no genuine issue as to any material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor. Harless v. Willis Day Warehousing Co., Inc. (1978), 54 Ohio St.2d 64, 66, 375 N.E.2d 46; Civ.R. 56(C).

{ΒΆ4} The burden is on the movant to show that no genuine issue of material fact exists. Id. Conclusory assertions that the non-movant has no evidence to prove its case are insufficient; the movant must specifically point to evidence contained within the pleadings, depositions, answers to interrogatories, written admissions, affidavits, etc., which affirmatively demonstrate that the non-movant has no evidence to support his claims. Dresher v. Burt, 75 Ohio St.3d 280, 293, 1996-Ohio-107, 662 N.E.2d 264; Civ.R. 56(C). Unless the non-movant ...


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