Legal Opinion · Dissent

Sherrod v. Haller

Ohio Court of Appeals

Decided June 30, 2017No. 2016-CA-24Published

1DissentFroelich, J.

{¶ 13} I disagree, both on procedural grounds and on the merits, with the majority's conclusion that the trial court properly *153granted Respondents' Civ.R. 12(C) motion.

{¶ 14} At the outset, our review should be of the July 5, 2016 judgment entry. Respondents filed a motion to dismiss pursuant to Civ.R. 12(B)(6) and/or for judgment on the pleadings pursuant to Civ.R. 12(C).2 The trial court granted Respondents' Civ.R. 12(C) motion for judgment on the pleadings in a "Decision and Final Judgment Entry" filed on July 5, 2016.

{¶ 15} On July 7, 2016, without any reference to the July 5 judgment, the…

2Cases cited7 opinions

  1. Douglas Oil Co. of Cal. v. Petrol Stops NorthwestSupreme Court of the United States · 1979
  2. State v. HunterOhio Supreme Court · 2011
  3. United States v. Sells Engineering, Inc.Supreme Court of the United States · 1983
  4. Pitts v. Ohio Department of TransportationOhio Supreme Court · 1981
  5. State v. ColeyOhio Supreme Court · 2001

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