FAP Properties XL, L.L.C. v. Griffin

Citations

• 2022 Ohio 3410

Syllabus

CIV.R. 12(B)(6) — MOTION TO DISMISS — LANDLORD/TENANT — EX PARTE TEMPORARY RESTRAINING ORDER HEARING — FRAUD — DEFAMATION — INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS — NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS: The trial court did not err in granting plaintiff landlord's Civ.R. 12(B)(6) motion to dismiss defendant tenant's counterclaims as defendant failed to show that the commercial lease was defective or that the parties modified the lease defendant failed to show fraud as defendant did not specify what false statements were made against defendant individually any statements made by plaintiff that defendant claimed were defamatory were made within the confines of court proceedings and, therefore, privileged and defendant failed to show that he could prevail on his claims for intentional and/or negligent infliction of emotional distress. Any error committed by the trial court in holding an ex parte hearing on plaintiff's motion for a temporary restraining order was harmless where the court ruled in defendant's favor.