Balson v. Dodds

The trial court denied appellant’s motion for summary judgment because it determined that, pursuant to Civ. R. 36, appellee’s failure to file timely answers *289to appellant’s Requests for Admissions did not constitute a proper basis for summary judgment. On appeal, the Court of Appeals did not consider the trial court’s disposition under Civ. R. 36 because it ruled that a trial court’s denial of a motion for summary judgment is non-reviewable on appeal by the movant from a subsequent adverse final judgment. We affirm the judgment of the Court of Appeals for reason that the trial court properly…