Grace v. Jack Thistledown Racino

Citations

• 2026 Ohio 941

Syllabus

Civ.R. 12(B)(6); motion to dismiss; without prejudice; not a final appealable order; lack of jurisdiction; appeal dismissed. Appellant appeals the trial court's granting of appellee's Civ.R. 12(B)(6) motion to dismiss without prejudice. Because a dismissal of a complaint \without prejudice\ is generally not a final appealable order, and this case does not fall under the exception to the rule as the appellant can restate his claims, this is not a final appealable order and we do not have jurisdiction to hear this appeal. Appeal dismissed.