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Byrd v. Smith

Supreme Court of Ohio
Jun 29, 2005
106 Ohio St. 3d 1409 (Ohio 2005)

Opinion

2005-0797.

June 29, 2005.

Clermont App. No. CA2004-08-067.


MOTION AND PROCEDURAL RULINGS

On review of order certifying a conflict. The court determines that a conflict exists.

RESNICK and o'DONNELL, JJ., dissent.

The parties are to brief the issue stated at page 3 of the court of appeals' Entry Granting Motion to Certify filed April 15, 2005:

"Whether it is proper for courts to disregard an affidavit inconsistent with or contradictory to prior deposition testimony when ruling on a motion for summary judgment?"

The conflict case is Retterer v. Whirlpool Corp. (1996), 111 Ohio App.3d 847, 677 N.E.2d 417.


Summaries of

Byrd v. Smith

Supreme Court of Ohio
Jun 29, 2005
106 Ohio St. 3d 1409 (Ohio 2005)
Case details for

Byrd v. Smith

Case Details

Full title:Byrd v. Smith

Court:Supreme Court of Ohio

Date published: Jun 29, 2005

Citations

106 Ohio St. 3d 1409 (Ohio 2005)
2005 Ohio 3154

Citing Cases

Byrd v. Smith

Id. at ¶ 4. The ruling was certified pursuant to S.Ct.Prac.R. IV(1) as being in conflict with Retterer v.…