Cyphers v. Balzer, 22182 (11-16-2007)

OPINION

{¶ 1} Defendant-appellee Wayne Balzer appeals from a summary judgment rendered in favor of plaintiff-appellee Dan Cyphers. Balzer contends that the trial court erred in determining that Cyphers's claims were not barred by the statute of limitations. Balzer also contends that the trial court erred in determining that Cyphers was entitled to contribution and in finding that an accounting was not a prerequisite to the entry of judgment.

{¶ 2} We conclude that the action was untimely filed under R.C.1303.16(G)(3), which imposes a three-year statute of limitations on actions like the present…