Cook v. Metro. Sewer Dist. of Greater Cincinnati

Citations

• 2022 Ohio 3245

Syllabus

APPELLATE REVIEW/CIVIL – CIV.R. 12(B)(6) – MOTION TO DISMISS – R.C. 2744.02 –IMMUNITY – JURISDICTION: Pursuant to R.C. 2744.02(C), an order denying a political subdivision the benefit of immunity from liability is a final appealable order. The trial court erred in sua sponte determining that defendant the Metropolitan Sewer District of Greater Cincinnati was not immune from liability without giving the parties an opportunity to address the issue. Where a trial court's judgment denying a motion to dismiss is immediately appealable pursuant to R.C. 2744.02(C), an appellate court's review is limited to alleged errors involving the denial of immunity.