Conaway v. Mt. Orab

Citations

• 2021 Ohio 4041

Syllabus

In ruling on the Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief could be granted, the trial court could not take judicial notice of court proceedings in another case and could not rely on documents attached to appellee's motion as such documents were not attached to the complaint and no notice had been given that the court was construing the motion as a Civ.R. 56 motion for summary judgment. The trial court committed reversible error by relying on factual allegations outside of the complaint and by summarily reviewing the merits of appellant's causes of action for unjust enrichment, conversion, and willful and malicious misconduct.