Ralls v. Lewin

Citations

• 2019 Ohio 3302

Syllabus

PROCEDURE/RULES – CIV.R. 12(B)(6) – CIV.R. 56 –SUMMARY JUDGMENT: Where defendant filed a motion to dismiss plaintiff's complaint pursuant to Civ.R. 12(B)(6) for failure to state a claim upon which relief could be granted, and where the trial court considered materials outside the pleadings and entered a judgment dismissing plaintiff's complaint pursuant to Civ.R. 12(B)(6) and granting summary judgment in favor of defendant, the court's dismissal pursuant to Civ.R. 12(B)(6) was improper because the court based its decision on matters outside the pleadings and its entry of summary judgment was improper because the court failed to notify plaintiff nonmoving party of its intention to convert defendant's Civ.R. 12(B)(6) motion to dismiss into a summary-judgment motion, thereby depriving plaintiff of an opportunity to demonstrate that a material fact existed.