Rader v. Willowood Care Cen. of Brunswick, Unpublished Decision (2-24-1999)
Rader v. Willowood Care Cen. of Brunswick, Unpublished Decision (2-24-1999)
Opinion of the Court
On July 12, 1996, Agnes Rader filed a complaint in the Medina County Court of Common Pleas against Willowood and Soroka for comments that were allegedly made at an in-service meeting just a few days after she was fired. These comments alleged that Ms. Rader had stolen medical files and had violated the confidentiality of patients. Willowood and Soroka moved for summary judgment based upon: (1) truth as an affirmative defense; (2) qualified privilege as an affirmative defense; and (3) failure to demonstrate a claim against Soroka. On September 4, 1997, the trial court granted summary judgment in favor of Willowood and Soroka. In its judgment entry, the trial court noted the following:
As to Defendant Soroka Telle and Associates, Inc., Plaintiff did not put forth any arguments to support her claims. As to Defendant Willowood Care Center, Defendant has provided evidence pursuant to Civil Rule 56(C) in support of its defenses.
On October 20, 1997, Willowood and Soroka moved the trial court to impose attorney fees and sanctions against Ms. Rader pursuant to Civ.R. 11 and R.C.
Willowood and Soroka timely appeal and raise two assignments of error.
Because Willowood and Soroka's two assignments of error relate to the trial court's denial of their motion for attorney fees, we will address them together. Willowood and Soroka contend that the trial court erred in denying their motion because Ms. Rader failed to present evidence to support her claim or to defeat their affirmative defenses. Furthermore, they aver that the trial court erred by failing to specifically rule upon the Civ.R. 11 request. We disagree.
With respect to the argument that the trial court did not address Civ.R. 11, Willowood and Soroka's claim lacks merit. The trial court's judgment entry indicates that the trial court considered the Civ.R. 11 and R.C.
An appellant has the responsibility of providing the reviewing court with a record of the facts, testimony, and evidentiary matters that are necessary to support the appellant's assignments of error. See Volodkevich v. Volodkevich (1989),
Willowood and Soroka note in their brief that a hearing occurred, but they were unable to secure a copy of the proceedings. Accordingly, we must presume the validity of the trial court's determination regarding their motion for attorney fees. Willowood and Soroka's two assignments of error are overruled. The judgment of the trial 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 County of Medina, Court of Common Pleas, 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).
Costs taxed to appellants.
Exceptions. ________________________________ LYNN C. SLABY, FOR THE COURT
BAIRD, P. J.
QUILLIN, J., CONCUR
(Quillin, J., retired Judge of the Ninth District Court of Appeals, sitting by assignment pursuant to Section 6(C), Article IV, Constitution.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.