State ex rel. Aycock v. Mowrey

Per Curiam,

Civ. R. 56 provides the standard for summary judgment motions. It states, in part:

“(C) * * * Summary judgment shall be rendered forthwith if the pleading, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. * * * A summary judgment shall not be granted unless it appears from such evidence or stipulation and only…