State ex rel. Kaylor v. Bruening

Civ.R. 12(B)(6); Civ.R. 12(C); Standard of Review

Kaylor asserts that the court of appeals erred in dismissing his prohibition action. In his second proposition of law, Kaylor contends that the court of appeals erroneously construed Judge Bruening’s Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted as a Civ.R. 12(C) motion for judgment on the pleadings.

Loc.App.R. 18 of the Eleventh Appellate District provides that original actions filed in the court of appeals “shall proceed as any civil action under the Ohio Rules of Civil Procedure” and that any…