Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Robert Moore, III
ATTORNEYS FOR APPELLEE Michael C. O'Malley BY: Jennifer
BEFORE: Boyle, J., Keough, A.J., and E.T. Gallagher, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, J.
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
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.
Finding no merit to Moore's arguments, we affirm the
judgment of the trial court.
Procedural History and Factual Background
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