Legal Opinion

Vitantonio, Inc. v. Baxter

Ohio Supreme Court

Decided November 20, 2007No. 2006-0952PublishedCited by 9 opinions

1Opinion of the CourtCupp, J.

{¶ 1} In this appeal we are asked to determine whether the saving statute R.C. 2305.19 applies to actions filed against a decedent’s estate under R.C. 2117.12. We hold that it does.

*196Facts and Procedural History

{¶ 2} Because this cause was dismissed by the trial court pursuant to Civ.R. 12(B)(6), we accept the material allegations of the complaint as true. The complaint alleges as follows: Decedent, William Vitantonio, was a minority shareholder in Vitantonio, Inc., and a majority shareholder in Wickliffe Floral, Inc. Appellees are the two corporations just named and shareholders Louis…

2Cases cited3 opinions

  1. Frysinger v. LeechOhio Supreme Court · 1987
  2. Allen v. McBrideOhio Supreme Court · 2004
  3. Barnes v. AndersonOhio Court of Appeals · 1984

3Cited by9 opinions

  1. Dombroski v. WellPoint, Inc.Ohio Supreme Court · 2008
  2. Wilson v. Lawrence (Slip Opinion)Ohio Supreme Court · 2017
  3. LaNeve v. Atlas Recycling, Inc.Ohio Supreme Court · 2008
  4. Thorton v. Montville Plastics & Rubber, Inc.Ohio Supreme Court · 2009
  5. Starner v. OndaOhio Court of Appeals · 2023

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