Ohio Urology, Inc. v. Poll

Ohio Urology, Inc. v. Poll

Opinion

 [*448]   [**1028]  This is an appeal from a judgment of the Franklin County Court of Common Pleas, which granted defendant's motion for summary judgment.

Plaintiff advances the following assignments of error:

"I. The trial court erred in denying Ohio Urology's application for a temporary restraining order and motion for preliminary injunction.

"II. The trial court erred in dismissing Ohio Urology's claim for declaratory judgment and specific performance of a covenant not to compete based upon the referee's report recommending summary judgment in Dr. Poll's favor.

 [**1029]  "III. The trial court erred in failing to independently [***2]  critically review and verify to its own satisfaction the correctness of the referee's report pursuant to Civ. Rule 53."

Plaintiff filed a complaint in the trial court on March 27, 1990 against defendant seeking declaratory and injunctive relief to remedy an alleged breach of a covenant not to compete contained in the contract between the parties. Defendant counterclaimed, alleging plaintiff breached its contract with him.

On April 2, 1990, both parties applied for temporary restraining orders to protect their respective interests. After a hearing, the trial court orally denied these motions and referred the case to a referee of the court.

Defendant filed his motion for summary judgment on April 13, 1990 and plaintiff opposed the motion. A referee heard the cause and recommended  [*449]  that defendant's motion be granted. Consequently, plaintiff filed objections to the report, which the trial court overruled by judgment entry, filed on July 13, 1990. By agreement of the parties, all other claims, including the request for a permanent injunction, were dismissed so that immediate appeal could be taken from the denial of temporary injunctive relief.

Defendant is a urologist [***3]  who came to Ohio in 1987 to practice medicine with plaintiff, a professional corporation located on the campus of Riverside Methodist Hospital in Columbus, Ohio. Plaintiff is owned and operated by two other urologists: Drs. Henry A. Wise II and Stephen A. Koff. Dr. Wise is the controlling shareholder of the corporation. He has an office at Riverside, while Dr. Koff has an office near Children's Hospital.

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