Carson v. Carrick

Citations

• 2019 Ohio 4260

Syllabus

Motion for judgment on the pleadings Civ.R. 12(C) abuse-of-process claim compulsory counterclaim Civ.R. 13(A) action on an account stated and res judicata. The trial court did not err when it granted defendants-appellees' Civ.R. 12(C) motion for judgment on the pleadings. Construing all material allegations in the complaint and all reasonable inferences to be drawn therefrom in favor of the nonmoving party, there was no set of facts that would entitle plaintiff-appellant to relief. Plaintiff-appellant's abuse-of-process claim had to fail where the defendants-appellees sought a legitimate remedy that the court was empowered to grant. The trial court did not err when it determined plaintiff-appellant's action on an account stated was a compulsory counterclaim and barred by res judicata.