LORIN K. BUCKNER, et al., Plaintiffs-Appellants, - vs - WASHINGTON MUTUAL BANK, et al., Defendants-Appellees., 2014-Ohio-5189

Summary

HOLDINGS: [1]-Because the home owners failed to comply with the affidavit requirements of Civ.R. 56(F) and had ample time to conduct discovery prior to responding to the motion for summary judgment, the trial court did not abuse its discretion in denying the continuance motions under Civ.R. 56(F); [2]-The trial court did not abuse its discretion when it denied the owners’ motion to compel because it contained no recitation whatsoever of the efforts made to resolve the matter prior to seeking court intervention under Civ.R. 37(E). Even if they had followed the correct procedure, the trial court did not err by denying the motion because it could have found that the 160 pages of documents that the bank shared with them after their initial discovery request was not "incomplete" or "evasive" under Civ.R. 37(A)(3).