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Moore v. Naiman

Court of Appeals of Ohio, Eighth District, Cuyahoga

March 30, 2017

ROBERT MOORE, III PLAINTIFF-APPELLANT
v.
DEBORAH NAIMAN DEFENDANT-APPELLEE

         Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. CV-16-859882

         AFFIRMED

          FOR APPELLANT Robert Moore, III

          ATTORNEYS FOR APPELLEE Michael C. O'Malley BY: Jennifer Meyer

          BEFORE: Boyle, J., Keough, A.J., and E.T. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, J.

         {¶1} Plaintiff-appellant, Robert Moore, III ("Moore"), appeals from the trial court's judgment granting defendant-appellee, Deborah Naiman's ("Naiman") motion to dismiss Moore's complaint for declaratory judgment and injunctive relief Moore raises the following five assignments of error for review:

1. The trial court erred in dismissing Appellant's declaratory judgment pursuant to Civil Rule 12(B)(6) without ruling on [the] existing controversy, and the trial court also had erred when it had failed to address the merits of the Appellant's Complaint.
2. The defendant Deborah Naiman forfeiture waiver [sic] through Appellant Moore's guilty plea was error because no plea-agreement was never [sic] signed nor executed by the defendant Naiman nor did the Appellant Moore signed [sic] any plea-agreement agreeing to the forfeiture of his money and property.
3. The trial court erred by dismissing Appellant's Complaint for declaratory judgment and injunction [sic] relief pursuant to Civ.R. 12(B)(6) when it ignored the plain allegations and requests found in the complaint, and where a real controversy arose between the parties concerning Appellant[sic] unsigned and unwritten plea-agreement the defendant entered on the record with Appellant Moore on behalf of the State of Ohio on August 14, 2009 and immunity cannot be granted where there is no lawsuit against the Defendant Deborah Naiman.
4. The trial court committed prejudicial error in granting the motion to dismiss and defendant's motion to dismiss under Civ.R. 12(B)(6) under the res judicata defense was error for res judicata cannot be used through a motion to dismiss under Civ.R. 12(B)(6).
5. Defendant [sic] plea-agreement entered on the record is invalid for there was no written agreement executed nor signed by the Appellant Moore for a plea-agreement is a contract and without a signed plea-agreement the Appellant is not bound by any terms of an orally made plea for controversy arose from it.

         {¶2} Finding no merit to Moore's arguments, we affirm the judgment of the trial court.

         I. Procedural History and Factual Background

         {¶3} On March 4, 2016, Moore filed his "Complaint for Declaratory Judgment and Injunction [sic] Relief against Naiman, a former assistant prosecutor for Cuyahoga County. Moore's complaint centered around his theory that his plea agreement, which he entered into with respect to two former criminal indictments against him in 2009, was invalid ...


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