Hoelzer v. Kacachos

Citations

• 2025 Ohio 4506

Syllabus

The common pleas court erred when it granted an estate's motion to dismiss, as probate courts lack jurisdiction over breach of contract claims and declaratory judgment claims involving contracts. The jurisdictional priority rule only applies when two courts have concurrent jurisdiction, and one is invoked first. The probate court did not have jurisdiction to resolve the contractual issue at issue and therefore the jurisdictional priority rule did not apply. WITH DISSENTING OPINION