Clemets v. Heston

This case is before the court on appeal from a judgment of the Williams County Court of Common Pleas.

Plaintiff-appellant, Melinda Clemets, is the administratrix for the estate of Thomas Clemets. She is appealing from the trial court’s dismissal of her complaint for failure to state a claim upon which relief could be granted.

I

Stating the appropriate legal test from an appellate court's perspective, the dismissal of an action, pursuant to a Civ. R. 12(B)(6) motion, will not be upheld on appeal unless it appears beyond doubt that the complainant can prove no set of facts in support of his claim…