Lyon Revocable Trust v. Berry
Citations
- 2025 Ohio 425
Syllabus
CIV.R. 12(B)(6) MOTION TO DISMISS; ENFORCEABILITY OF A SETTLEMENT AGREEMENT; CONTRACT INTERPRETATION; DEFENSIVE CROSS ASSIGNMENT OF ERROR; R.C. 2505.22. The trial court erred by considering additional evidence beyond the evidence contained in the amended complaint without converting the Civ.R. 12(B)(6) motion to dismiss to a motion for summary judgment and providing the nonmoving party a sufficient opportunity to respond. The trial court erred by dismissing the conversion claim because the magistrate's order did not render the claim moot or otherwise resolve the claim.
Judges: Zimmerman
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3 cases in this archive cite this case.
Cites
17 cases in this archive are cited by this case.
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- Warnecke v. ChaneyOhio Court of Appeals· 2011-06-20· cited 20×
- Miller v. CassOhio Court of Appeals· 2010-05-03· cited 10×
- Ri'chard v. Bank of Am.Ohio Court of Appeals· 2020-09-30· cited 9×
- Defiance Cty. Bd. of Health v. McCallaOhio Court of Appeals· 2012-09-10· cited 8×
- Sullinger v. SullingerOhio Court of Appeals· 2020-11-09· cited 6×
- Brenneman Bros. v. Allen Cty. Commrs.Ohio Court of Appeals· 2013-10-21· cited 5×
- Reinhart v. Fostoria Plumbing, Heating & Elec. Supply, Inc.Ohio Court of Appeals· 2010-10-04· cited 5×
- Graham v. BoergerOhio Court of Appeals· 2015-08-14· cited 3×
- Williams v. MJS Ents., Ltd.Ohio Court of Appeals· 2022-10-13· cited 3×
- Pond v. E & E Towing & Recovery, L.L.C.Ohio Court of Appeals· 2024-03-05· cited 3×
- Betscher v. Governing Bd. of Putnam Cty. Educational Serv. Ctr.Ohio Court of Appeals· 2015-11-16· cited 2×
- Gardner v. PaxtonOhio Court of Appeals· 2018-01-04· cited 2×
Other cases named Lyon Revocable Trust v. Berry
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