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Deanna Brannon v. Executive Properties

November 28, 2012

DEANNA BRANNON APPELLANT
v.
EXECUTIVE PROPERTIES, INC. APPELLEE



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV 2011 01 0585

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

Cite as Brannon v. Executive Properties, Inc.,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Appellant Deanna Brannon appeals the judgment of the Summit County Court of Common Pleas that granted summary judgment in favor of appellee Executive Properties, Inc. This Court reverses and remands.

I.

{¶2} Ms. Brannon rented an apartment for approximately one year in a building owned by Executive Properties. After she moved out, Executive Properties failed to return her security deposit. Ms. Brannon filed a complaint for the return of the security deposit. Executive Properties filed an answer and counterclaim in which it alleged that Ms. Brannon breached the terms of the lease agreement by failing to pay certain utility charges. Executive Properties moved for summary judgment on both Ms. Brannon's complaint and its counterclaim. Ms. Brannon filed a brief in opposition and Executive Properties replied. The trial court granted summary judgment in favor of Executive Properties and entered judgment in its favor in the amount of $570.50 on the counterclaim. Ms. Brannon appealed, raising one assignment of error for review.

II.

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRONEOUSLY GRANTED SUMMARY JUDGMENT IN FAVOR OF APPELLEE AS JUSTICIABLE ISSUES DID EXIST UPON THE RECORD.

{¶3} Ms. Brannon argues that the trial court erred by granting summary judgment in favor of Executive Properties. This Court agrees.

{¶4} This Court reviews an award of summary judgment de novo. Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105 (1996). This Court applies the same standard as the trial court, viewing the facts in the case in the light most favorable to the non-moving party and resolving any doubt in favor of the non-moving party. Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7, 12 (6th Dist.1983).

{¶5} Pursuant to Civ.R. 56(C), summary judgment is proper if:

No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the ...


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