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Walker v. Sims Bros. Buick12/7/1995
PER CURIAM
JUDGMENT: AFFIRMED.
An accelerated appeal is authorized pursuant to App.R. 11.1 and Loc.App.R. 25. The purpose of an accelerated docket is to allow an appellate court to render a brief and conclusionary decision. Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158; App.R. 11.1(E).
In this case, plaintiff-appellant Perry Walker, pro se, appeals from the granting of summary judgment pursuant to Civ.R. 56 in favor of defendant-appellee Sims Brothers Buick, Inc.. For the reasons adduced below, we affirm.
A review of the record on appeal indicates that on July 28, 1994, plaintiff filed a complaint alleging the following counts: (1) violations of Ohio's Consumers Sales Practices Act (See R.C. 1345.02 and .03); (2) breach of contract; and, (3) intentional infliction of emotional distress. The complaint sought compensatory damages of $2,000,000.00 and punitive damages of $1,000,000.00.
With leave of court, the defendant filed its answer on September 27, 1994.
On October 14, 1994, the trial court conducted a scheduled case management conference. Plaintiff did not attend this conference and the meeting was continued to November 4, 1994, with notice to the plaintiff that failure to attend would result in dismissal for want of prosecution. On November 4, 1994, plaintiff again failed to attend the scheduled conference and the court dismissed the case without prejudice.
On November 16, 1994, plaintiff filed a motion for reconsideration of the dismissal. Reconsideration, which was unopposed, was granted and the case was reactivated.
On January 25, 1995, the court conducted another case management conference at which time the following order was issued in pertinent part:
Settlement conference is sched for 5-15- 95/9:00. All discovery shall be completed on or before 5-15-95. All mtns, dispositive or otherwise must be filed with the court on or before pltf filed 1-25-95, deft response 2-27- 95; defts mtn S.J. 3-8-95, pltf response by 4- 8-95.
Also on January 25, 1995, plaintiff filed his motion for partial summary judgment on the issue of liability. Attached to this motion were plaintiff's affidavit and copies of: (1) a purchase order for a used car; (2) a June 24, 1994 notice of a decision in favor of the plaintiff from the Bureau of Workers' Compensation for a lump sum advancement in the amount of $6,070.85; and, (3) a copy of the check from the Bureau of Workers' Compensation made payable to the plaintiff.
On February 21, 1995, defendant filed its motion for summary judgment and brief in opposition to plaintiff's motion for partial summary judgment. Attached to this motion were the affidavit of Charles Sims, the president of Sims Buick, and copies of the purchase order and a check in the amount of $100.00 from the plaintiff which represented a deposit, was not negotiated by the defendant, and was returned to the plaintiff.
On February 22, 1995, plaintiff filed a proof of service of requests for admissions, production of documents and interrogatories on the defendant.
On March 10, 1995, plaintiff filed his brief in opposition to defendant's motion for summary judgment and an additional brief in support of partial summary judgment in his favor.
On March 21, 1995, the court granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment.
Plaintiff filed his notice of appeal from the final order on April 5, 1995. One assignment of error is presented for review.
I.
THE TRIAL JUDGE UNCONSTITUTIONAL (SIC) CONSTRUED AND AP
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