State ex rel. Scanlon v. Deters

The preliminary issue before us today is whether the court of *377appeals dismissed relator’s complaint pursuant to Civ. R. 12(B)(6) for failure to state a claim for which relief may be granted, or whether it actually granted a Civ. R. 56 motion for summary judgment for the clerk.

The court of appeals’ August 8 entry reflects that it “dismisse[d]” relator’s complaint. However, other considerations suggest that the court actually granted summary judgment. In addition to expressly overruling the clerk’s motion to dismiss on the basis of Civ. R. 12(B)(6) and then ruling sua sponte, the court had…