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Novak v. Camino

Court of Appeals of Ohio, Eighth District

July 3, 2013

MORRIS O. NOVAK PLAINTIFF-APPELLANT
v.
WALTER C. CAMINO DEFENDANT-APPELLEE

Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-767280

APPELLANT Morris O. Novak, Pro Se

ATTORNEYS FOR APPELLEE Timothy G. McGinty Cuyahoga County Prosecutor By: Dale F. Pelsozy Assistant County Prosecutor

BEFORE: Blackmon, J., Rocco, P.J., and E.T. Gallagher, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} Appellant Morris O. Novak ("Novak") appeals pro se the trial court's granting summary judgment in favor of appellee Walter C. Camino ("Camino"), and the trial court's denial of his motion for relief from judgment. He assigns the following five errors for our review:[1]

I. The trial court erred by granting immunity to appellee because he acted outside the scope of his employment and his acts were with malicious purpose and done in bad faith.
II. The trial court erred in granting summary judgment because a genuine issue of material fact remains and reasonable minds can differ over the conclusion.
III. The trial court abused its discretion by denying appellant's motions to obtain proper discovery because its decisions were unreasonable, arbitrary, and unconscionable in a way that affected a substantial right of the appellant.
IV. The trial court violated appellant's due process rights through the denial of pertinent discovery without affording appellant due process.
V. The trial court erred by ruling on a Civil Rule 60(B) motion for relief from judgment because the filing of appellant's appeal divested the trial court of jurisdiction to entertain the motion.

{¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's decision granting summary judgment, but reverse and remand as to the trial court's decision denying Novak's motion for reconsideration. The apposite facts follow.

Facts

Underlying Litigation to the Malpractice ...


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