Fioresi v. State Farm Mutual Automobile Insurance Co.

We dispose of this appeal sua sponte for failure of the trial court to respond as the law requires to a complaint for a declaratory judgment under R.C. Chapter 2721. The trial court granted defendant-appellee’s motion to dismiss the complaint under Civ. R. 12(B)(6), for failure to state a claim upon which relief could be granted. This was error, because the court did not determine the issues about the construction of an insurance policy and it did not declare the “rights, status, or other legal relations thereunder,” as it is required to do by R.C. 2721.03. It did not render a declaratory…