Brookville Ents., Inc. v. Seibel

Citations

• 2020 Ohio 948

Syllabus

The trial court erred in dismissing nursing home's complaint sua sponte, when the motion before the court was a motion for default judgment and no notice of potential dismissal based on inadequacies in the appellant's claims was given. In dismissing the action, the trial court also improperly treated the motion as one for summary judgment and made incorrect factual findings and legal conclusions based on taking judicial notice of a probate case for an individual with the same name as the deceased appellee, but who was not the deceased appellee. Nursing home's appeal from trial court's subsequent denial of nursing home's Civ.R. 60(B) motion is moot. Judgment of dismissal reversed case remanded for further proceedings.