Marsalis v. Wilson

Full title: MARK A MARSALIS, Plaintiff-Appellant, v. JAMES R WILSON, et al…

Court: Court of Appeals of Ohio, Second District, Champaign County

Date published: Oct 11, 2002

Facts

This appeal consolidates two related cases. In both cases, the plaintiffs commenced an action for discovery under R.C. 2317.48, seeking information from the Champaign Telephone Company and several of its officers and directors concerning the company’s corporate reorganization and business operations. The trial court dismissed both actions on motions filed by the defendants under Civ. R 12(B)(6) for failure to state a claim upon which relief may be granted.

A motion filed under Civ.R. 12(B)(6) tests the legal sufficiency of a claim for relief and asserts that the adverse party has failed to plead operative grounds creating the claim. Mitchell v. Lawson Milk Co. (1988), 40 Ohio St.3d 190. The standards for pleading a claim for relief are set out in Civ.R. 8(A), which requires only “a short and plain statement of the claim showing that the party is entitled to relief.”

Issue

Decision

Having overruled the assignments of error presented, we will affirm the final judgment of the Court of common pleas from which this appeal was taken.

Judgment affirmed.

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