Siniscalchi v. K. Hovnanian Meadow Lakes, L.L.C.

Citations

• 2026 Ohio 1777

Syllabus

Motion to dismiss; Civ.R. 12(B)(6); res judicata; spoliation of evidence; attorney fees; frivolous conduct. The court committed reversible error by dismissing plaintiff's spoliation of evidence claim under both Civ.R. 12(B)(6) and the doctrine of res judicata. Plaintiff properly alleged a spoliation claim and the court's determination that plaintiff had previously filed a spoliation claim was not supported by the record. The court also erred by awarding attorney fees for frivolous conduct because there is no reason at this stage of the proceeding to dismiss the case.