Legal Opinion
Moore v. Animal Fair Pet Center, Inc.
Court of Common Pleas of Ohio, Franklin County, Civil Division
Decided October 18, 1995No. 95CVH-02-1016PublishedCited by 3 opinions
1Opinion of the Court
John A. ConnoR, Judge.
This matter comes before the court upon motion by defendant Animal Fair Pet Center, Inc. to dismiss pursuant to Civ.R. 12(B)(6). The motion was filed on July 7,1995, opposed on July 21,1995, and replied to on July 26,1995.
A complaint may only be dismissed by the trial court when it appears “beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery.” O’Brien v. University Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753. When construing a complaint upon a motion to dismiss for failure to…
2Cases cited17 opinions
- O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
- Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
- State Ex Rel. Hanson v. Guernsey County Board of CommissionersOhio Supreme Court · 1992
- Greeley v. Miami Valley Maintenance Contractors, Inc.Ohio Supreme Court · 1990
- Painter v. GraleyOhio Supreme Court · 1994
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Boyd v. Winton Hills Medical & Health Center, Inc.Ohio Court of Appeals · 1999
- Welty v. Honda of America Mfg., Inc.District Court, S.D. Ohio · 2005
- Sutton v. Tomco Machining, Inc.Ohio Court of Appeals · 2010