TODD DEV. CO., INC. v. MORGAN

No. 2007-0041.

112 Ohio St.3d 1488 (2007)

2007-Ohio-724

Todd Dev. Co., Inc. v. Morgan.

Supreme Court of Ohio.

February 28, 2007.


On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 8 of the court of appeals' Decision and Entry filed December 13, 2006:

"Does a plaintiff or counterclaimant moving for summary judgment granting affirmative relief on its own claims bear the initial burden of addressing the non-moving party's affirmative defenses in its motion?"

O'DONNELL, J., dissents.

The conflict...

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