Shepherd v. TH Property Owner I, L.L.C.

Syllabus

The trial court properly dismissed appellant-seller's complaint challenging a real estate sales contract because the complaint failed to state a claim upon which relief can be granted. According to the complaint, the deed to the real estate at issue was transferred, and under the merger by deed doctrine, such transfer bars any challenge to the sales contract. Additionally, the complaint does not allege any fraudulent representations or material misrepresentations by appellee-buyer, nor does the complaint plead such claims with particularity as required by Civ.R. 9(B). Filing a complaint that merely seeks a remedy, such as rescission or setting aside a deed, does not state a claim for relief that justifies the remedy sought. Finally, the trial court did not abuse its discretion by failing to grant appellant leave to file an amended complaint. Appellant never requested such relief from the trial court, and a trial court does not have a duty to aid self-represented litigants in filing proper pleadings. Judgment affirmed.