# Turner v. Turner

> Ohio Supreme Court · September 15, 1993 · 67 Ohio St. 3d 337

URL: https://www.frixlaw.com/law-library/cases/6768553

## Case

- **Full name:** Turner v. Turner
- **Court:** Ohio Supreme Court
- **Decided:** September 15, 1993
- **Citations:** 67 Ohio St. 3d 337; 617 N.E.2d 1123
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wright
- **Judges:** Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
- **Cited by:** 623 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6768553

## How later opinions describe it (automated extraction)

- holding that credibility issues arise in summary judgment proceedings “when one litigant’s statement conflicts with another litigant’s statement over a fact to be proved” and that “summary judgment in such a case is inappropriate”
- stating that when a litigant’s affidavit “is inconsistent with his or her earlier deposition testimony, summary judgment in that party’s favor is improper because there exists a question of credibility”
- stating that “resolution of the factual dispute will depend, at least in part, upon the credibility of the parties or their witnesses, summary judgment in such a case is inappropriate”
- stating that a credibility issue arises in summary-judgment proceedings "when one litigant's statement conflicts with another litigant's statement over a fact to be proved"
- holding that summary judgment is inappropriate where one party's statement conflicts with the other party's on a fact material to the controversy

## Opinion text

Wright, J.,
concurring in part and dissenting in part. I concur in paragraphs one and two of the syllabus and Part II of the opinion. I disagree that the facts of this case justify the conclusion reached by the majority in Part I.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6768553. Public record. Not legal advice.