Hope Academy v. White Hat Mgt., L.L.C.

Citations

• 2022 Ohio 178

Syllabus

The trial court did not err when it held the Schools did not waive their real party in interest defense. However, the trial court erred when it held that ODE was not the real party in interest to ODE's claims to recover federal grant funds. Pursuant to Civ.R. 17(A) a real party in interest includes \a party with whom or in whose name a contract has been made for the benefit of another\, and the Assurances made by the Schools is a contract with ODE which has been made for the benefit of another – i.e., the USDOE. Furthermore, it was error on the part of the trial court to conclude that ODE abandoned the portion of its Trust claim which was premised on state operating funds. Judgment reversed and remanded.