Red Foot Racing Stables v. Brewer

Citations

• 2020 Ohio 5201

Syllabus

Ohio law says that no person shall sue under a fictitious name unless that name has been registered with the Secretary of State. The trial court correctly dismissed the Stables entity on that basis. An LLC must be represented by counsel to sue, and here did not appeal from having been dismissed on that basis. And an entity that adopts a corporate form takes the obligations of such form along with its benefits. Because no remaining party to the appeal asserts a justiciable interest in whether the trial court erred by dismissing negligence claims as rooted in contract, that issue is moot. Assignments of error overruled. Judgment affirmed.