Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow
137 Ohio St. 3d 23
| Ohio | 2013Background
- ECOT, a political subdivision, contracted with Supportive Solutions for services in 2007-2008 and initially did not raise political-subdivision immunity in its answer.
- Supportive Solutions sued ECOT; ECOT answered but again did not plead immunity.
- ECOT moved for partial summary judgment in 2010 asserting immunity; the trial court denied leave to amend to raise immunity; summary judgment granted to ECOT on some claims and denied on others.
- ECOT appealed the denial of leave to amend; during the appeal the trial court conducted a jury trial resulting in a $1,206,400 verdict against ECOT.
- Appellate courts initially dismissed ECOT’s appeals for lack of a final order, then reinstated and consolidated them, and ECOT sought extraordinary relief (writs) in this court.
- This court previously held in ECOT I that denial of leave to amend immune-pleading could be appealable under R.C. 2744.02(C), guiding the current decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of leave to amend to raise immunity is a final appealable order | ECOT: denial forecloses immunity and is final under 2744.02(C) | Supportive Solutions: not final; waiver and procedural rules apply | Yes; denial is final and appealable under 2744.02(C) |
| Whether R.C. 2744.02(C) extends to interlocutory denials of amended-pleading immunity defenses | Hubbell broad interpretation applies to permit immediate appeal | Hubbell should be limited; waiver and merits considerations matter | R.C. 2744.02(C) extends to denials of immunity benefits, including amended-pleading defenses |
| Whether ECOT waived the immunity defense by failing to raise it earlier | Turner requires timely pleading; waiver occurs if not raised timely | Amendment could be allowed; waiver does not bar interlocutory appeal under 2744.02(C) | ECOT waived immunity defense absent leave to amend; but denial of leave is appealable |
| Whether the waiver rule precludes review of the denial of leave to amend | Waiver applies to merits, not to eligibility for appeal under 2744.02(C) | Waiver would bar raising immunity; the court should not permit immediate appeal | Waiver does not bar the appeal under 2744.02(C); order is appealable |
Key Cases Cited
- Hubbell v. Xenia, 115 Ohio St.3d 77 (2007-Ohio-4839) (denial of immunity on summary judgment is a final order under 2744.02(C))
- Turner v. Cent. Local School Dist., 85 Ohio St.3d 95 (1999) (waiver of immunity defenses if not timely asserted; Civ.R. 15/12 interplay)
- State ex rel. Plain Dealer Publishing Co. v. Cleveland, 75 Ohio St.3d 31 (1996) (timeliness of raising defenses; pleading requirements)
- DiGiorgio v. Cleveland, 196 Ohio App.3d 575 (2011) (finality of immunity-related rulings in the appellate context)