Grand v. Cleveland Clinic Found.

Citations

• 2025 Ohio 4954

Syllabus

Medical claim, R.C. 2305.113(E)(3); affidavit of merit, Civ.R. 10(D)(2)(a); dismissal without prejudice; Civ.R. 10(D)(2)(d); final appealable order, R.C. 2505.02; motion to dismiss, Civ.R. 12(B)(6); Civ.R. 12(C); motion for judgment on the pleadings. Appellant's complaint set forth a medical claim as defined by statute. Appellant's failure to submit an affidavit of merit in support of the claim was properly dismissed without prejudice pursuant to Civ.R. 10(D)(2). Civ.R. 12(C) was not an improper procedural avenue for challenging appellant's failure to file the affidavit of merit. The judgment did not constitute a final appealable order.