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.