Arrow Financial Services v. Kuzniak, 06 Ma 133 (4-24-2007)

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Appellant, Margaret Kuzniak, appeals the decision of the Mahoning County Court #2 granting summary judgment in favor of Appellee, Arrow Financial Services. We conclude that the trial court abused its discretion in granting Arrow's Motion to Deem Facts as Admitted which ultimately resulted in its grant of summary judgment. Accordingly, the decision of the trial court is reversed and this case is remanded for further proceedings.

{¶ 2} On October 11, 2005, Arrow filed a complaint…