Red Foot Racing Stables v. Polhamus, 2020 Ohio 592

Plaintiffs Red Foot Racing Stables (identified in the complaint as an “entity”) and Raymond Eichenberger sued trainer Mike Polhamus for negligence and breach of contract over care/training of three racehorses.
The complaint alleged both Red Foot Racing Stables and Eichenberger own the horses and contracted with Polhamus; Eichenberger signed and filed the complaint though he is not a licensed attorney.
Plaintiffs also sought emergency custody of two horses; the trial court treated that as a TRO request and denied it.
Polhamus moved to dismiss under Civ.R. 12(B)(1) and (B)(6), arguing (a) a non‑attorney may not represent the entity and (b) Eichenberger individually lacked ownership/standing.
The trial court, relying on materials outside the complaint, concluded Red Foot Racing Stables was an LLC and that Eichenberger had no individual claims, and dismissed the complaint because a non‑lawyer filed for the entity.
On appeal the Tenth District dismissed the appeal as to the entity (non‑attorney representation), reversed the dismissal of Eichenberger’s individual claims (trial court improperly relied on outside materials at the pleading stage), and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a non‑attorney (Eichenberger) may file/appeal on behalf of Red Foot Racing Stables (an entity).	Eichenberger initiated the suit and appealed on behalf of the stable as its owner/sole member.	Only a licensed attorney may file or prosecute claims on behalf of an entity; filings by non‑lawyers for other parties are invalid.	Appeal dismissed as to Red Foot Racing Stables because non‑attorney may not represent another party.
Whether the trial court properly considered materials outside the complaint / converted the motion to dismiss to summary judgment when dismissing Eichenberger’s individual claims.	Trial court erred by looking beyond the complaint and by effectively converting the motion without notice, so Eichenberger’s claims should not have been dismissed at pleading stage.	Trial court relied on facts showing Eichenberger lacked individual ownership and the stable was an LLC; dismissal was warranted.	Court ruled the trial court erred by considering outside materials in dismissing Eichenberger’s individual claims, did not convert the motion to summary judgment, reversed in part, and remanded.

State ex rel. Army of the Twelve Monkeys v. Warren Cty. Court of Common Pleas, 156 Ohio St.3d 346 (Ohio 2019) (only licensed attorneys may file pleadings on behalf of another party).
Disciplinary Counsel v. Givens, 106 Ohio St.3d 144 (Ohio 2005) (unauthorized practice rule—non‑lawyers may not commence actions for others).
State ex rel. Turner v. Houk, 112 Ohio St.3d 561 (Ohio 2007) (standard for Civ.R. 12(B)(6): accept complaint allegations as true and generally consider only the complaint).