State ex rel. Grove v. Nadel

Grove asserts in his first and second propositions of law that the court of appeals erred by granting Judge Nadel’s Civ.R. 12(B)(6) motion and dismissing his complaint for a writ of procedendo. In order to dismiss a complaint for failure to state a claim upon which relief can be granted, it must appear beyond doubt that relator can prove no set of facts warranting relief, after all factual allegations of the complaint are presumed true and all reasonable inferences are made in relator’s favor. Civ.R. 12(B)(6); State ex rel. Findlay Publishing Co. v. Schroeder (1996), 76 Ohio St.3d 580, 581,…