Legal Opinion · Dissent
Dever v. Lucas
Ohio Court of Appeals
Decided January 29, 2008No. 2007CAE060030Published
1DissentDelaney, J.
{¶ 45} I respectfully dissent from the majority opinion.
{¶ 46} The complete dismissal of plaintiffs-appellants’ complaint is warranted under Civ.R. 12(B)(1) for lack of subject-matter jurisdiction.
{¶ 47} It is well settled that the issue of subject-matter jurisdiction may be raised sua sponte by the court at any stage of the proceedings, including for the first time on appeal. Ivkovich v. Steubenville (2001), 144 Ohio App.3d 25, 29, 759 N.E.2d 434.
{¶ 48} I agree with other jurisdictions that have determined that the Bankruptcy Code and Federal Rules of Civil Procedure, specifically' Section…
2Cases cited10 opinions
- Richard Gonzales, Juliana Gonzales and Michael Dodge v. Barbara Parks and Jerome ParksCourt of Appeals for the Ninth Circuit · 1987
- MSR Exploration, Ltd. v. Meridian Oil, Inc.Court of Appeals for the Ninth Circuit · 1996
- Koffman v. Osteoimplant Technology, Inc.District Court, D. Maryland · 1995
- Stone Crushed Partnership v. Kassab Archbold Jackson & O'BrienSupreme Court of Pennsylvania · 2006
- Idell v. GoodmanCalifornia Court of Appeal · 1990
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