Morris v. First National Bank & Trust Co.

The question in this case is whether a bill of exceptions is necessary in the appeal of a summary judgment in a case filed in the trial court after the November 5,1965, amendment to Section 2311.041, Revised Code,* the summary judgment statute.

It is important to remember that a summary judgment proceeding is not a trial, but a hearing upon a motion. The court must determine whether there is a genuine issue as to any material fact, and the court’s decision must rest upon specifically prescribed sources of evidence.

In its amended form, Section 2311.041, Revised Code, allows the trial judge,…