Total Quality Logistics, L.L.C. v. All Pro Logistics, L.L.C.

Citations

• 237 N.E.3d 854
• 2024 Ohio 772

Syllabus

Trial court erred by sua sponte dismissing the claims with prejudice. The opposing party in this case did not file a motion to dismiss or a motion for summary judgment. In addition, it is unclear whether the trial court dismissed the claims under the Civ.R. 12(B) standard of dismissal or granted summary judgment under the Civ.R. 56 standard. However, the trial court did not err in granting summary judgment in favor of logistics company where the record shows that it established a Carmack Amendment claim by virtue of an assignment of rights from its customer.