· 7/10/2025

Estate of Kelley v. Wuliger & Wuilger, L.L.C.

Citations

  • 2025 Ohio 2450

Syllabus

Motion for judgment on the pleadings; Civ.R. 12(C); de novo; statute of limitations; legal malpractice; cognizable event; R.C. 2305.11(A); motion for leave to amend complaint; Civ.R. 15(A); abuse of discretion. Judgment affirmed. The trial court did not err in granting the defendants' motion for judgment on the pleadings. Since the defendants pleaded a statute-of-limitations defense and the pleadings unequivocally demonstrate that the legal-malpractice action was commenced after the limitations period expired, Civ.R. 12(C) relief was appropriate. Moreover, the trial court did not abuse its discretion when it denied the plaintiff's motion for leave to file an amended complaint because the amendment was futile.

Judges: Groves

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