Home Owners Ins. Co. as subrogee of Carl and Krista Gehret v. Budde Construction, LTD., et al

Headnotes

H1: Civil Procedure> Judgments > Relief from Judgements > General Overview

Civil Procedure> Judgments > Relief from Judgements > Altering & Amending Judgments

Civil Procedure> Appeals > Appellate Jurisdiction > Interlocutory Orders

Ohio Rules of Civil Procedure 54(B) provides for a reconsideration of interlocutory orders. The Rule states that interlocutory orders are subject to revision at any time before the entry of judgment adjudicating the claims and the rights and liabilities of all the parties. A Motion for reconsideration is the proper procedural vehicle for obtaining relief after an interlocutory order is issued. 

H2: Civil Procedure> Judgments > Relief from Judgements > Altering & Amending Judgments

Civil Procedure> Pleadings & Practice > Motion Practice > General Overview

A trial court has plenary power to hear a motion for reconsideration prior to the entry of a final judgment. 

H3: Contracts Law > Breach > Breach of Contract Actions > General Overview

Torts > Negligence > General Overview

Privity of contract is not a necessary element of a negligence action.

Summary of Case

Procedural Posture: Defendant has filed a motion to reconsider the interlocutory order filed by the Court.

Overview: The original case, from which the interlocutory order arose in, was based upon a negligence claim the Plaintiffs filed against the Defendant. Defendant has motioned the Court to reconsider the interlocutory order, as the order contains a number of inaccurate statement of facts. 

Outcome:  The Court makes a correction as to the inaccurate facts, and finds that the remaining arguments of the Defendant in the motion are not persuasive. Motion for Reconsideration is denied. 

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