Fabian v. Kettering

Citations

• 2024 Ohio 360

Syllabus

The trial court erred in granting appellees' Civ.R. 12(C) motion for judgment on the pleadings on all counts after consideration of res judicata and immunity, there remained one viable claim. However, because appellant did not respond to the motion for judgment on the pleadings and did not raise any issues for the trial court to consider, he waived any potential errors that could have been brought to the trial court's attention. We decline to find plain error on the trial court's part for dismissing the case for want of prosecution. Judgment affirmed. (Welbaum, J., dissenting.)