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· 10/26/2023

Rosenberger v. Paduchik

Citations

  • 227 N.E.3d 381
  • 2023 Ohio 3898

Syllabus

Judgment affirmed. The trial court did not err when it granted appellees' motion to dismiss under Civ.R. 12(B)(6), and denied the motion for leave to file an amended complaint under Civ.R. 15(A). The trial court properly dismissed the complaint of appellant and her former co-plaintiffs because the internal affairs of a political party are nonjusticiable. The statute governing unincorporated associations, R.C. 1745.05(M), did not provide the plaintiffs with standing because it specifically excludes political parties. The motion to amend the complaint, which stated little more than the language of Civ.R. 15(A), failed to make the required prima facie showing of support for new matters sought to be pleaded.

Judges: Mentel

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