T. Robert Bennet, et. al v. Robert E. Peters, et. al

Headnotes

H1: Civil Procedure > Judgments > Pretrial Judgments > General Overview Civil Procedure > Judgments > Pretrial Judgments > Judgment on Pleadings

Ohio Rules of Civil Procedure 12(C) allows for a motion for judgment on the pleadings after the pleadings are closed, but within such time as not to delay the trial. This judgment is restricted solely to the allegations in the pleadings. The motion will be granted when, after viewing the allegations and reasonable inferences therefrom in the light most favorable to the non-moving party, the moving party is entitle to judgment as a matter of law.

H2: Civil Procedure> Jurisdiction > Subject Matter Jurisdiction > General Overview

Civil Procedure> Jurisdiction > Subject Matter Jurisdiction > Jurisdiction over Actions> General Overview

Civil Procedure> Jurisdiction > Subject Matter Jurisdiction > Jurisdiction over Actions> Concurrent Jurisdiction 

Under the jurisdictional priority rule, which applies to state courts of concurrent jurisdiction, the tribunal whose power is first invoked by the institution of proper proceedings acquires jurisdiction, to the exclusion of all other tribunals, to adjudicate upon the whole issue and to settle the rights of the parties. This rule only applies when the causes of action are the same in both cases, and if the cause of action in the first case does not involve the cause of action or the same parties in the second case, the first case will not prevent the second case. 

Summary of Case

Procedural Posture: Defendant has filed a motion to dismiss the complaint, on the grounds that the Plaintiffs are already part of a proceeding against the Defendant, for similar claims, in the Trumbull County Court of Common Pleas. 

Overview: Plaintiffs in this matter are members of the class of individuals certified as Plaintiffs in a similar matter against the Defendant in the Trumbull County Court of Common Pleas. While the claims may be similar in both courts, the claims in the Darke County Court of Common Pleas request monetary damages and an ownership determination on the matter.  Because the claims are not a part of the “whole issue” pending in Trumbull County, Plaintiffs’ claims still exist in Darke County. 

Outcome:  Motion for Judgment on the Pleadings is overruled. 

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