Legal Opinion · Concurring in part, dissenting in part

Karras v. Karras

Ohio Court of Appeals

Decided February 9, 2018No. 27606Published

1Concurring in part, dissenting in partFroelich, J.

{¶ 26} I agree that the trial court did not err in overruling Appellant Ourania's motion for summary judgment based on Appellee Tom's alleged failure to deny any of the averments in her complaint; I also agree with the resolution of the motion for sanctions. However, I disagree that Ourania failed to plead any damages other than unpaid rent.

{¶ 27} Ourania's complaint for forcible entry, "rent and damages" (emphasis added) alleged that Tom had "failed and refused to leave the marital home, and continue[d] to improperly reside" there, thereby interfering with her "peaceful and quiet enjoyment…

2Cases cited7 opinions

  1. Crosby v. BeamOhio Supreme Court · 1989
  2. Schroeder v. HennessOhio Court of Appeals · 2013
  3. DeVore v. Mutual of Omaha Ins.Ohio Court of Appeals · 1972
  4. Salamon v. Taft Broadcasting Co.Ohio Court of Appeals · 1984
  5. Thompson Thrift Constr. v. LynnOhio Court of Appeals · 2017

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