State ex rel. Hipp v. City of North Canton

For the following reasons, we reverse and remand the cause to the court of appeals. Appellant argues that a court may never dismiss a complaint summarily on a matter of law. However, we approach the issue as one of abuse of discretion. In State ex rel. Pressley v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O.2d 141, 228 N.E.2d 631, paragraph ten of the syllabus, we stated that on appeal we will review the judgment of the court of appeals to determine, among other things, “[wjhether on the question of the allowance or denial of the writ on the merits, the Court of Appeals abused its…