Kobal v. Kobal

Citations

• 2022 Ohio 812

Syllabus

Motion to dismiss res judicata procedural error. Appellant brought a complaint against ex-spouse and family members alleging fraud and theft in the disposition of property held during the marriage. The ex-spouse and family members filed a motion to dismiss the complaint alleging the claims are barred by res judicata. They attached court orders and opinions from the divorce proceedings. The trial court granted the motion to dismiss on the basis of res judicata. Because the determination of whether res judicata applied to bar the complaint required consideration of material outside the pleadings, the trial court should have converted the motion to dismiss to one of summary judgment and the trial court's judgment is reversed.