While res judicata was the bone of contention between the parties in the court of appeals, we instead find for Jim's for the reason that the city never filed an answer to Jim's amended complaint, and therefore waived its opportunity even to raise res judicata as an affirmative defense.
This case is determined by the rules of pleading. Civ.R. 8(B) states that a defendant "shall state in short and plain terms the party...
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