Hecht v. Equity Trust Co.

Citations

• 2022 Ohio 198

Syllabus

Abuse of discretion Civ.R. 6(B) extension of time Loc.R. 8(C) stipulated extension breach of contract de novo Civ.R. 10(D)(1) agreement not attached to complaint Civ.R. 12(E) motion for more definite statement Civ.R. 12(B)(6) motion to dismiss matters outside complaint Civ.R. 56 convert motion to dismiss to motion for summary judgment. The trial court did not abuse its discretion in denying the appellant's request for extension of time to respond to the appellee's motion to dismiss after the appellant missed both the initial deadline and the extended deadline. The appellant pleaded facts sufficient to meet elements of breach of contract. The appellant's failure to attach the parties' agreement to the complaint was not fatal. The proper remedy was for appellee to move for a more definite statement. The trial court erred in granting the appellee's motion to dismiss based on matters outside the complaint without converting the appellee's motion to dismiss to a motion for summary judgment.