Tuttle v. Collins

Citations

• 2020 Ohio 4062

Syllabus

Conflict of interest breach of fiduciary duty Civ.R. 12(C) business judgment rule derive personal benefits Civ.R. 15(A) amended complaint Civ.R. 60(B). Plaintiffs-appellants' complaint was properly dismissed under Civ.R. 12(C) because the complaint failed to allege a set of facts that established a conflict of interest, breach of fiduciary duties, or a violation of the nonprofit organization's bylaws regarding voting. Plaintiffs-appellants' failure to file a Civ.R. 60(B)(5) motion precluded them from subsequently filing an amended complaint.