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ERIE INSURANCE GROUP, Appellant v. PATRICIA MEIER, et al., Appellees
C. A. No. 07CA0012
COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, WAYNE
COUNTY
2007-Ohio-5602; 2007 Ohio App. LEXIS 4939
R.C. 3929.06 and that the claim against the owner's estate
was barred by R.C. 2117.06(B). On appeal, the court
agreed that the insurer could not sue the OI prior to
obtaining a judgment against the owner's estate pursuant
to R.C. 3929.06. Further, as the action against the owner's
estate was filed more than six months after the owner's
death, it was barred by R.C. 2117.06(B) and (G).
Accordingly, other claims relating thereto, such as the
trial court's grant of summary judgment to the owner's
estate in the insurer's action against it, were rendered
moot.
OUTCOME: The court affirmed the judgment of the
trial court.
LexisNexis(R) Headnotes
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2007-Ohio-5602, *; 2007 Ohio App. LEXIS 4939, **1
J.
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2007-Ohio-5602, *P2; 2007 Ohio App. LEXIS 4939, **1
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2007-Ohio-5602, *P11; 2007 Ohio App. LEXIS 4939, **5
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2007-Ohio-5602, *P15; 2007 Ohio App. LEXIS 4939, **8
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2007-Ohio-5602, *P20; 2007 Ohio App. LEXIS 4939, **11
JUDGMENT
AND
THEN,
SUBSEQUENTLY,
TWO
WEEKS
LATER, SUA SPONTE REVERSING ITS
DECISION
AND
GRANTING
SUMMARY JUDGMENT[.]" (Emphasis
sic.)
[*P22] In its third, fourth, [**13] and fifth
assignments of error, Erie has argued other errors that
relate to the trial court's grant of summary judgment.
Moreover, Erie has argued that the trial court's ruling was
premature because further discovery could have revealed
factual disputes. Having found above that the trial court
was correct as a matter of law in its judgment, Erie's
remaining challenges lack merit.
III
[*P23] Erie's assignments of error are overruled.
The judgment of the Wayne County Municipal Court is
affirmed.
Judgment affirmed.
The Court finds that there were reasonable grounds
for this appeal.
We order that a special mandate issue out of this
Court, directing the Wayne County Municipal Court,
County of Wayne, State of Ohio, to carry this judgment
into execution. A certified copy of this journal entry shall
constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document
shall constitute the journal entry of judgment, and it shall
be file stamped by the Clerk of the Court of Appeals at
which time the period for review shall begin to run.
App.R. 22(E). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the
parties and to make a notation [**14] of the mailing in
the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
BETH WHITMORE
FOR THE COURT
CARR, J.
MOORE, J.
Page 7
2007-Ohio-5602, *P23; 2007 Ohio App. LEXIS 4939, **14
CONCUR