City of Toledo v. Thomas

This is an appeal from a judgment of the Lucas County Court of Common Pleas dismissing appellant city of Toledo’s complaint on the basis of res judicata. Appellant has appealed setting forth two assignments of error:

“I. The court of common pleas erred as a matter of law by dismissing plaintiff-appellant’s complaint based on the principal [sic] of res judicata since all matters at issue had not been decided by a final appealable order and prior to commencement of this action.

“II. The court of common pleas erred as a matter of law by granting the defendant-appellee’s motion to dismiss for…