Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Judith M. Schmidt v. Cuyahoga County Board of Elections-Poll Worker Department

October 13, 2011

JUDITH M. SCHMIDT PLAINTIFF-APPELLANT
v.
CUYAHOGA COUNTY BOARD OF ELECTIONS-POLL WORKER DEPARTMENT DEFENDANT-APPELLEE



Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-743897

The opinion of the court was delivered by: Kenneth A. Rocco, J.:

Cite as Schmidt v. Cuyahoga Cty. Bd. of Elections-Poll Worker Dept.,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Rocco, J., Boyle, P.J., and Keough, J.

{¶1} Plaintiff-appellant, Judith M. Schmidt ("appellant"), appeals the trial court's dismissal of her complaint against defendant-appellee, the Cuyahoga County Board of Elections Poll Worker Department ("appellee"). We affirm.

{¶2} On December 20, 2010, appellant filed a complaint against appellee alleging malicious prosecution when appellee failed to hire her as a poll worker. On January 19, 2011, appellee filed a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Civ.R. 12(B)(6). The trial court granted appellee's motion and dismissed the case.

{¶3} Appellant now appeals and presents the following three assignments of error for our review:

{¶4} "1. The Defendant's Answer of my original Complaint and Judge Brian Corrigan's reason for dismissal seem to me as if they did not read my Complaint.

{¶5} "2. As it was, I asked for a trial by jury before Judge Corrigan dismissed by Case in Lower Court (US Constitution Amendment 7 and 11, etc.)

{¶6} "3. We had to have mediation before the Defendant seemed to know any reason for my Complaint."

{¶7} In her first assignment of error, appellant essentially argues that the trial court erred in dismissing her complaint pursuant to Civ.R. 12(B)(6). We disagree.

{ΒΆ8} A trial court must dismiss a complaint for failure to state a claim upon which relief can be granted when it appears beyond doubt that the plaintiff can prove no set of facts entitling him to recovery from the defendant. O'Brien v. Univ. Community Tenant's Union (1975), 42 Ohio St.2d 242, 327 N.E.2d 753. As a matter of law, the trial court must accept all the allegations of the complaint as true. Greeley v. Miami Valley Maintenance Contrs., Inc. (1990), 49 Ohio St.3d 228, 551 N.E.2d 981. The allegations must be examined to determine if they support any basis for recovery, even on legal theories not specifically mentioned. Rogers v. Targot Telemarketing Serv. (1990), 70 Ohio App.3d 689, 591 N.E.2d 1332. However, plaintiff must set forth in his pleadings ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.