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FIORESI v. STATE FARM MUT. AUTO. INS. CO.

No. C-840729.

26 Ohio App. 3d 203 (1985)

FIORESI ET AL., APPELLANTS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Richard C. Curry and Charles H. Bartlett, Jr., for appellants.

Paxton & Seasongood and Melvin J. Kessel, for appellee.

BLACK, J.

We dispose of this appeal sua sponte for failure of the trial court to respond as the law requires to a complaint for a declaratory judgment under R.C. Chapter 2721. The trial court granted defendant-appellee's motion to dismiss the complaint under Civ. R. 12(B)(6), for failure to state a claim upon which relief could be granted. This was error, because the court did not determine the issues about the construction of an insurance policy and it did...

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