Todd Development Co. v. Morgan

{¶ 1} The Twelfth District Court of Appeals has certified this case to this court for review and final determination pursuant to Section 3(B)(4), Article IV, Ohio Constitution and App.R. 25. The Twelfth District found its judgment to be in conflict with the judgment of the Third District Court of Appeals in Countrymark Coop., Inc. v. Smith (1997), 124 Ohio App.3d 159, 705 N.E.2d 738. We determined that a conflict exists and agreed to resolve the following issue: “Does a plaintiff or counterclaimant moving for summary judgment granting affirmative relief on its own claims bear the initial…