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· 5/1/2025

Lynch v. FIG OH18, L.L.C.

Citations

  • 2025 Ohio 1553

Syllabus

Quiet title; adverse possession; subject-matter jurisdiction; jurisdiction; probate court; probate; will; title; general division; common pleas court; bequeath; property; foreclosure. Affirmed in part and reversed in part. The general division of common pleas court did not err when it sua sponte dismissed plaintiff-appellant's quiet-title claim for lack of subject-matter jurisdiction, since the quiet-title claim was based upon a will that had yet to be probated and, therefore, needed to proceed through probate court. The general division of common pleas court did err, however, when it sua sponte dismissed plaintiff-appellant's adverse-possession claim because the adverse-possession claim was not based on any theory that title passed through the will.

Judges: Forbes

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