Dibenedetto v. Miller

Mark P. Painter, Judge.

{¶ 1} Richard DiBenedetto sued Charles Miller and Keating Muething & Klekamp, P.L.L. (“KMK”), for legal malpractice. Because there was never a lawyer-client relationship, and because the case was time-barred in any event, the trial court dismissed the case under Civ.R. 12(B)(6). The trial court was correct on both issues, so we affirm.

I. The Original Transaction

{¶ 2} DiBenedetto bought a yacht. FirstMerit Bank financed the purchase. After a default, FirstMerit repossessed the yacht, but it later sold the yacht back to DiBenedetto with a new promissory note. Summer…