Hurley v. Nifty 50 Tavern

Citations

• 2017 Ohio 7935

Syllabus

Plaintiff appealed from a judgment granting defendants' motion to dismiss his personal injury complaint, pursuant to Civ.R. 12(B)(6). Defendants' motion for an extension of time to move or plead and their motion to dismiss were not untimely the record reflects that plaintiff was served with the motion to dismiss. Trial court did not err in denying plaintiff's motions for default judgment and for summary judgment and in granting defendants' motion to dismiss, pursuant to Civ.R. 12(B)(6). Nothing in the trial court's rulings demonstrates bias against plaintiff. Defendants' motions were not frivolous. Judgment affirmed.