STEPHENS v. BOOTHBY

No. 1-73-91.

40 Ohio App. 2d 197 (1974)

STEPHENS, APPELLANT, v. BOOTHBY, EXRX., ET AL., APPELLEES.

Court of Appeals of Ohio, Allen County.

Decided February 4, 1974.


Attorney(s) appearing for the Case

Messrs. Bowers, White & DeMeo, for appellant.

Messrs. Lawson & Derryberry and Mr. Michael A. Rumer, for appellees.


COLE, J.

This is an appeal from a judgment of the Court of Common Pleas granting a motion to dismiss the complaint filed by appellant which stated a claim predicated upon waste committed against real estate by a life tenant. At the threshold of the appeal, we are faced with the procedural question raised by a judgment rendered on a motion to dismiss. Under the new civil rules at this point in the proceeding, there is nothing before the court except the complaint,...

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