Borger v. McErlane, Unpublished Decision (12-14-2001)

OPINION.

The plaintiff-appellant, Iduna Borger, appeals from the trial court's order granting summary judgment to her mother, defendant-appellee Mary McErlane, and granting McErlane's counterclaim to have Borger declared a "vexatious litigator" pursuant to R.C. 2323.52(A)(3). In her single assignment of error, Borger contends that her act of filing one civil action pro se in the court of common pleas does not make her a "vexatious litigator" — the definition of which requires her to act "habitually, persistently, and without reasonable grounds." We hold, however, that reasonable minds could…