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).
Judges: Zayas
Read full opinion on CourtListenerCited by
21 cases in this archive cite this case; the 20 most cited are listed.
- Fontain v. H&R Cincy Properties, L.L.C.Ohio Court of Appeals· 2022-03-28· cited 17×
- Marreez v. Jim Collins Auto Body, Inc.Ohio Court of Appeals· 2021-11-17· cited 8×
- Ravenscraft v. DurraniOhio Court of Appeals· 2025-08-15· cited 8×
- Burd v. ArtisOhio Court of Appeals· 2025-02-26· cited 6×
- Twang, L.L.C. v. CincinnatiOhio Court of Appeals· 2024-12-31· cited 5×
- State v. WilliamsOhio Court of Appeals· 2025-04-16· cited 5×
- Ho v. CoOhio Court of Appeals· 2023-10-11· cited 4×
- Stephens v. Downtown Property Mgt., Inc.Ohio Court of Appeals· 2023-06-16· cited 3×
- Ho v. Carlos Chua Co.Ohio Court of Appeals· 2023-08-25· cited 3×
- In re L.F.Ohio Court of Appeals· 2023-11-22· cited 3×
- Fairview Park v. BowmanOhio Court of Appeals· 2023-11-22· cited 3×
- Clark v. DurraniOhio Court of Appeals· 2025-08-29· cited 3×
- State v. SnyderOhio Court of Appeals· 2025-09-24· cited 3×
- Vinebrook Homes, L.L.C. v. PerkinsOhio Court of Appeals· 2023-10-13· cited 2×
- Brock v. Hamilton Cty. Bd. of Zoning AppealsOhio Court of Appeals· 2025-03-05· cited 2×
- Voorhees v. Anderson Twp. Bd. of Zoning AppealsOhio Court of Appeals· 2024-09-11· cited 1×
- Chrzanowski v. ChrzanowskiOhio Court of Appeals· 2025-07-31· cited 1×
- In re J.M.Ohio Court of Appeals· 2023-08-11
- Tirado v. TiradoOhio Court of Appeals· 2025-09-05
- In re J.L.Ohio Court of Appeals· 2026-04-03
Cites
18 cases in this archive are cited by this case.
- GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court· 1976-07-21· cited 2,230×
- Grava v. Parkman TownshipOhio Supreme Court· 1995-08-30· cited 1,323×
- Grava v. Parkman Twp.Ohio Supreme Court· 1995-08-30· cited 440×
- Ohio Pyro, Inc. v. Ohio Department of CommerceOhio Supreme Court· 2007-10-03· cited 197×
- State ex rel. Everhart v. McIntoshOhio Supreme Court· 2007-09-20· cited 162×
- State ex rel. Fuller v. MengelOhio Supreme Court· 2003-12-24· cited 143×
- State ex rel. Neff v. CorriganOhio Supreme Court· 1996-03-01· cited 99×
- State ex rel. Scott v. City of ClevelandOhio Supreme Court· 2006-12-20· cited 90×
- In re Complaint of Pilkington N. Am., Inc. (Slip Opinion)Ohio Supreme Court· 2015-11-24· cited 21×
- State ex rel. Oliver v. Turner (Slip Opinion)Ohio Supreme Court· 2018-06-01· cited 19×
- In re C. ChildrenOhio Court of Appeals· 2020-03-13· cited 11×
- State ex rel. Jackson v. Ambrose (Slip Opinion)Ohio Supreme Court· 2017-12-05· cited 9×
- Zalvin v. AyersOhio Court of Appeals· 2020-08-10· cited 9×
- In Re Gourmet Services, Inc.S.D. Ohio· 1992-05-06· cited 6×
- Curry v. MansfieldOhio Court of Appeals· 2020-08-19· cited 6×
- Varney v. AllenOhio Court of Appeals· 2017-04-05· cited 5×
- H&R Properties, L.L.C. v. FontainOhio Court of Appeals· 2021-02-26· cited 2×
- Zanesville Bowling, L.L.C. v. PrindleOhio Court of Appeals· 2012-07-12· cited 1×
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