Knecht v. Ohio Department of Rehabilitation

Although I concur in the judgment, my reasons vary to some extent from those set forth in the majority decision.

Although the Civil Rules do not. define what constitutes a “new trial” for purposes of Civ.R. 59, R.C. 2311.01 does define “trial” as follows: “A trial is a judicial examination of the issues, whether of law or of fact, in an action or proceeding.” See, also, Columbus Packing Co. v. State ex rel. Schlesinger (1922), 106 Ohio St. 469, 140 N.E. 376; and O’Connor v. Graff (1959), 111 Ohio App. 398, 14 O.O.2d 411, 160 N.E.2d 374.

However, I agree that determination of a Civ.R. 12(B)(6)…