· 10/24/2024

Francati v. Fuentes

Citations

  • 2024 Ohio 5095

Syllabus

Civ.R. 12(B)(1), subject-matter jurisdiction, probate court, definition and creation of trust within deed. Plaintiffs, members of a homeowners association, filed declaratory judgment action over dispute with actions taken by the members and of the board of directors of the homeowners association. Plaintiffs did not provide evidence the probate court had subject-matter jurisdiction over the claims where they claimed a trust was created by a series of deeds and other documents spanning decades or provide evidence the claims concerned the administration of an estate. As such, the probate court correctly determined it did not have subject-matter jurisdiction over the action.

Judges: Laster Mays

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