Hull v. Hartley, 9-08-50 (1-12-2009)

OPINION

{¶ 1} The defendant-appellant, Charles Dean Hartley, appeals the judgment of the Marion County Common Pleas Court granting summary judgment on his counterclaim to the plaintiffs-appellees, Douglas Hull, Brenda Armstrong, and Daniel Hull. On appeal, Appellant contends the trial court erred because he is now barred from presenting the case to a jury. For the reasons set forth herein, the judgment of the trial court is affirmed.

{¶ 2} On August 20, 2007, the appellees filed a complaint in the Marion County Municipal Court seeking to evict Hartley. On August 30, 2007, Appellant filed an…