Crenshaw v. Howard

Citations

• 200 N.E.3d 335
• 2022 Ohio 3914

Syllabus

Motion for judgment on the pleadings Civ.R. 12(C) Civ.R. 8(A) defamation R.C. 2739.01 telecommunications harassment R.C. 2917.21(B)(1) R.C. 2307.60 request for indigent status failure to recuse R.C. 2701.03. Trial court erred in granting defendant's motion for judgment on the pleadings. Construing all material allegations in the pleadings and all reasonable inferences that could be drawn therefrom in favor of plaintiff, it could not be said that plaintiff could prove no set of facts in support of her claims for defamation and telecommunications harassment that would entitle her to relief. Given the reversal of trial court's decision granting defendant's motion for judgment on the pleadings, trial court's denial of plaintiff's request for indigent status \for purposes of paying filing fees and court costs\ was premature. Declined to address appellant's argument that trial judge's failure to recuse herself violated the Ohio Rules of the Code of Judicial Conduct where appellant failed to file an affidavit of disqualification with the Ohio Supreme Court under R.C. 2701.03 or otherwise raise the issue below.