Fontain v. Sandhu

Citations

• 2021 Ohio 2750

Syllabus

APPELLATE REVIEW/CIVIL – COLLATERAL ATTACK – APP.R. 12(A) – APP.R. 16(A) – CIV.R. 12(B)(6) – CIV.R. 60(B): An appellate court may disregard an assignment of error where \the party raising it fails to identify in the record the error on which the assignment of error is based.\ App.R. 12(A)(2). An appellate court will not create an argument in support of an assignment of error where an appellant fails to develop one as required by App.R. 16(A)(7). The trial court did not err when considering matters outside the pleadings when ruling on defendants' Civ.R. 12(B)(6) motion where the outside evidence consisted of court documents. The trial court did not err in granting defendants-appellees' motion to dismiss where the claims brought against them were in direct contradiction to a previous court's judgment and the prior judgment was not issued without jurisdiction or as a product of fraud. The doctrine of res judicata and collateral estoppel only apply to bar subsequent claims. The trial court did not abuse its discretion when denying plaintiff-appellant's motion for an extension of time to respond to defendants-appellees' short supplemental memorandum to the court where the document did not present any new substantive arguments that would be pertinent to respond to. The trial court did not abuse its discretion by failing to hold an evidentiary hearing on plaintiff-appellant's motion for relief from judgment where plaintiff-appellant failed to allege operative facts that would warrant relief under Civ.R. 60(B).