Fontain v. H&R Cincy Properties, L.L.C.

Citations

• 187 N.E.3d 1
• 2022 Ohio 1000

Syllabus

Defendant appeals decision dismissing his complaint related to separate litigation and receivership in Hamilton County. Court's error in converting Civ.R. 12(B)(6) motion into Civ.R. 56 motion without notice was harmless where the defendant offered his own summary judgment evidence in opposition. Receivership is an arm of the court. A party intending to file suit against receiver acting in the scope of duties must seek leave of court. Defendant failed to seek leave and claims properly dismissed. Immunity from suit applied to the receiver's employees and attorneys and for actions taken after the termination of the receivership. Failure to comply with court order resulted in dismissal under Civ.R. 41(B).