Legal Opinion
Noe v. Smith
Ohio Court of Appeals
Decided September 12, 2000No. Case No. 00CA004PublishedCited by 7 opinions
1Opinion of the Court
Kline, Presiding Judge.
Leah D. Noe appeals the Athens County Court of Common Pleas’ dismissal of her complaint against Edgar Smith pursuant to Civ.R. 12(B)(6). Noe contends that her complaint, taken together with her request to conduct discovery and her motion for reconsideration, stated a claim upon which relief may be granted. Because the trial court is confined to consider the facts alleged in the complaint when deciding a Civ.R. 12(B)(6) motion to dismiss, and because Noe failed to allege facts in her complaint upon which relief is available, we disagree. Accordingly, we affirm the…
2Cases cited6 opinions
- Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
- Hunt v. Marksman Products, Division of S/R Industries, Inc.Ohio Court of Appeals · 1995
- Tulloh v. Goodyear Atomic Corp.Ohio Supreme Court · 1992
- Cecil v. CottrillOhio Supreme Court · 1993
- Mitchell v. Speedy Car-X, Inc.Ohio Court of Appeals · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Roll v. EdwardsOhio Court of Appeals · 2004
- Ogle v. Ohio Power CompanyOhio Court of Appeals · 2008
- Caterpillar Fin. Servs. Corp. v. Harold Tatman & Son's Ents., Inc.Ohio Court of Appeals · 2015
- Gore v. MohamodOhio Court of Appeals · 2022
- Brown v. GallagherOhio Court of Appeals · 2008
2 more not listed; retrieve them via the Exa API.