Stratford Commons v. Raaber
2011 Ohio 6084
Ohio Ct. App.2011Background
- Stratford Commons filed an accelerated appeal from a trial court dismissal in a case involving a 2008 promissory-note judgment against George Raaber.
- Stratford asserted three claims in 2010 against Julius Raaber, Julius Raaber Trustee, Margaret Raaber Trustee, George Raaber, George Raaber Trustee, and Andreea Raaber Trustee to collect on the 2007 note and to challenge transfers to trusts.
- Defendants moved to dismiss under Civ.R. 12(B)(6) arguing res judicata, attaching Stratford’s 2008 suit, a nursing facility agreement, an account statement, and a promissory note.
- The trial court dismissed the 2010 action as barred by res judicata and did not convert the motion to dismiss into a summary judgment proceeding.
- Stratford appealed arguing res judicata and collateral estoppel do not bar its claims and that the court erred in relying on outside-pleadings evidence.
- The court of appeals reversed and remanded, recognizing that res judicata cannot be raised by a Civ.R. 12(B) dismissal without proper conversion and outside-pleadings evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal based on res judicata was proper. | Stratford argues res judicata/collateral estoppel do not bar its claims. | Defendants contend the 2010 action is barred by res judicata due to the prior 2008 case. | Not proper to raise res judicata on a Civ.R. 12(B) motion without proper conversion and outside-pleadings evidence. |
Key Cases Cited
- Freeman v. Morris, 62 Ohio St.3d 107 (1991) (res judicata not a proper Civ.R. 12(B) defense, must be proved with outside evidence; improper to convert motion)
- Johnson v. Linder, 14 Ohio App.3d 412 (1984) (res judicata defense not properly raised in Civ.R. 12(B))
- Ardary v. Stepien, 2004-Ohio-630 (Cuyahoga App.) (res judicata requires outside-the-pleadings proof)