State ex rel. Massie v. Board of Education of Gahanna-Jefferson Public Schools

Motions to Dismiss, Vacate, and Strike

As a preliminary matter, respondents request that we dismiss the complaint and vacate the alternative writ as to Massie’s claim relating to his son William’s grades and credits. Civ.R. 17(A) requires that “[e]very action shall be prosecuted in the name of the real party in interest.” A real party in interest is directly benefited or injured by the outcome of the case rather than merely having an interest in the action itself. State ex rel. Botkins v. Laws (1994), 69 Ohio St.3d 383, 387, 632 N.E.2d 897, 902.

Respondents assert that Massie is not a real…