In the case of Cty. Risk Sharing Auth., Inc. v. State, 2022-Ohio-164, the Eleventh District Court of Appeals held that the trial court erred in granting summary judgment in favor of the County Risk Sharing Authority, Inc. (“CORSA”) in an action seeking a declaratory judgment.
Here, CORSA filed a complaint for declaratory judgment against the State of Ohio, among others, arguing that the State of Ohio was solely responsible to defend and indemnify the other defendants in two lawsuits filed against them regarding an accident caused by one of the individual defendants.
The Court of Appeals reasoned that since the trial court granted CORSA’s motion for summary judgment prior to the expiration of time for the defendants to file a reply, the trial court erred. The Court of Appeals further reasoned that the trial court’s judgment entry failed to provide reasons for the court’s decision, which would force the Court of Appeals to function as the trial court, rather than the reviewing court.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.