Ebbing v. Stewart
2016 Ohio 7645
| Ohio Ct. App. | 2016Background
- Erin Ebbing, owner/landlord, sued over events arising from a dispute between her husband Joseph (the manager) and tenant Tracy Stewart after Stewart's tenancy ended; police arrested Joseph after confrontations and WLWT broadcasted a news story about the arrests.
- Erin filed claims for declaratory/injunctive relief and money damages including defamation, various constitutional and criminal-acts allegations, naming WLWT, Fairfield Township and several officers, and Stewart.
- WLWT moved to dismiss under Civ.R. 12(B)(6); before resolution Erin moved to join Joseph as a plaintiff.
- The trial court granted WLWT’s motion, denied joinder of Joseph, and sua sponte dismissed the remaining claims.
- On appeal the court affirmed dismissal as to WLWT and the township defendants, concluded Erin lacked standing/real-party status for the WLWT defamation claim and that many allegations were mere legal conclusions, but reversed the dismissal as to Stewart because she had not been served and dismissal before service rendered that judgment void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing/real-party-in-interest for defamation claim | Erin contends WLWT’s broadcast harmed her reputation and she may sue for defamation | WLWT argues the broadcast was about Joseph and the tenant; Erin is not identified or directly defamed, so she lacks standing | Court: Erin lacks standing; broadcast did not sufficiently refer to her and she conceded the statements of ownership were true, so dismissal proper |
| Sufficiency under Civ.R. 12(B)(6) (claims against WLWT and township) | Erin alleges multiple criminal and constitutional violations and defamation; asks court to accept pleadings | Defendants assert complaint contains bare legal conclusions without factual support; WLWT points to failure to plead "of and concerning" element | Court: Dismissal under 12(B)(6) affirmed for WLWT and township defendants because pleadings lack facts to state claims and many allegations are frivolous |
| Sua sponte dismissal of unserved defendant (Stewart) | Erin does not dispute service was not completed but opposes dismissal | Township/WLWT relied on dismissal; court sua sponte dismissed all claims including against Stewart | Court: Dismissal as to Stewart reversed — judgment void where service had not been obtained before dismissal |
| Denial of motion to join Joseph (joinder/Civ.R. 19 and vexatious litigator statute) | Erin sought to add Joseph as co-plaintiff; argued necessity for adjudication | Trial court relied on prior order declaring Joseph a vexatious litigator and found joinder abusive; defendants supported denial | Court: Denial affirmed; trial court found joinder an abuse of process under R.C. 2323.52 and that decision is not appealable under statute |
Key Cases Cited
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (procedural standard for pleading; draw inferences for nonmoving party)
- Dale v. Ohio Civ. Serv. Emp. Assn., 57 Ohio St.3d 112 (definition of defamation)
- New York Times Co. v. Sullivan, 386 U.S. 254 (defamation requires statement "of and concerning" plaintiff)
- State ex rel. Botkins v. Laws, 69 Ohio St.3d 383 (real party in interest and direct injury requirement)
- Patterson v. V & M Auto Body, 63 Ohio St.3d 573 (judgment void where case not properly commenced by service)
- Kossuth v. Bear, 161 Ohio St. 378 (case not commenced by service cannot be dismissed)
- State ex rel. Fogle v. Steiner, 74 Ohio St.3d 158 (notice required before sua sponte dismissal except for frivolous claims)
- State ex rel. Edwards v. Toledo City School Dist. Bd. of Edn., 74 Ohio St.3d 106 (same principle on sua sponte dismissal)