Pond v. E & E Towing & Recovery, L.L.C.

Citations

• 2024 Ohio 800

Syllabus

The trial court erred when dismissing appellants' claims for conversion and replevin under Civ.R. 12(B)(6) for failure to state a claim upon which relief may be granted. The trial court relied on matters outside the pleadings without converting the motion into one for summary judgment and providing the notice required by Civ.R. 12(B). In addition, the trial court improperly weighed the evidence by citing to inconsistencies in the record and concluding that appellants could not prove their claims, which appellants are not required to do at the pleading stage under the notice pleading standard of Civ.R. 8(A). Appellee's motion to strike appellants' reply brief is overruled because the appellants did not raise new assignments of error of the brief.