Legal Opinion

Rettig Enterprises, Inc. v. Koehler

Ohio Supreme Court

Decided February 9, 1994No. 92-2121PublishedCited by 70 opinions

1Opinion of the CourtAlice Robie Resnick, J.

Although somewhat factually complicated, this case presents a simple legal issue: Does Civ.R. 13(A) bar the plaintiffs from bringing Rettig III? We answer this question in the affirmative.

Civ.R 13(A) provides, in pertinent part, that:

“A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.”

In…

2Cases cited4 opinions

  1. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  2. Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
  3. Geauga Truck & Implement Co. v. JuskiewiczOhio Supreme Court · 1984
  4. Cyclops Corp. v. Fischbach & Moore, Inc.District Court, W.D. Pennsylvania · 1976

3Cited by70 opinions

  1. Smith v. Lerner, Sampson & Rothfuss, L.P.A.Court of Appeals for the Sixth Circuit · 2016
  2. Bravard v. CurranOhio Court of Appeals · 2004
  3. William Powell Co. v. Nat'l Indemnity Co.Court of Appeals for the Sixth Circuit · 2021
  4. Forney v. Climbing Higher Enterprises, Inc.Ohio Court of Appeals · 2004
  5. Papadelis v. First American Savings BankOhio Court of Appeals · 1996

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