Kennedy v. Dottore

Citations

• 2020 Ohio 3451

Syllabus

Subject matter jurisdiction domestic relations general division declaratory judgment collateral attack Civ.R. 12(B) Civ.R. 60(B) void fraud divorce decree.- Trial court did not err in dismissing the declaratory judgment action seeking to void part of a divorce decree because the common pleas court, general division, lacked jurisdiction and the action was an impermissible collateral attack on a valid judgment. The complaint alleged fraud in the inducement, thus making the divorce decree voidable rather than void. The complaint also failed to plead common law fraud with particularity accordingly, it was not error to dismiss the claim pursuant to Civ.R. 12(B)(6).