Court of Appeals of Ohio, First District, Hamilton
Hamilton County Court of Common Pleas Trial Nos. A-1704203
B. Plotnick, for Plaintiff-Appellant,
Frederick J. Johnson, for Defendant-Appellee.
Plaintiff-appellant Charles Martin appeals the trial
court's dismissal of his defamation claim. We modify the
judgment so that dismissal is without prejudice, and affirm
Martin initially filed a defamation claim under the case
numbered A-1704203 and, after voluntarily dismissing the
claim without prejudice, refiled his claim under the case
numbered A-1706197. Martin's complaint alleged that
defendant-appellee Donald Wegman "published false,
misleading and defamatory statements about plaintiff in
written correspondence both to government officials and on
defendant's personal Facebook account." According to
the complaint, Wegman published that Martin
was an adult male member of the community who was filming
defendant and his 12-year-old daughter with a
drone…implying that the alleged acts were committed
for immoral purposes.
Wegman filed a Civ.R. 12(B)(6) motion to dismiss for failure
to state a claim upon which relief could be granted. After
hearing oral argument, the trial court granted the motion and
dismissed the complaint with prejudice, saying "the
complaint doesn't state enough on its face. If there were
attachments, if it was said in the text that would be one
thing and it would be enough."
In his sole assignment of error, Martin contends that because
the complaint stated a claim against Wegman for defamation as
matter of law, the trial court erred in dismissing his
complaint pursuant to Civ.R. 12(B)(6). For the reasons set
forth below, we modify the judgment dismissing Martin's
complaint, and affirm it as modified.
of Appeal No. C-180268
In his notice of appeal for the case numbered A-1704203,
Martin states that he is appealing the judgment of the court
entered on May 7, 2018, but there was no judgment on that
date in that case. Martin voluntarily dismissed the case
numbered A-1704203 on October 30, 2017. May 7, 2018, is the
date the trial court entered judgment for Wegman in the case
numbered A-1706197. Martin appeals an order that does not
exist for a case in which he voluntarily dismissed his claim.
Therefore, the appeal numbered C-180268 is dismissed.
An order granting a Civ.R. 12(B)(6) motion to dismiss is
reviewed de novo. Perrysburg Twp. v. Rossford, 103