GWIN, Judge.
{¶ 1} Appellant Brian D. Crowthers appeals from a judgment of the Knox County Common Pleas Court dismissing his partition action against appellee, Sarah D. Gullett, for failure to state a claim. He assigns as error:
{¶ 2} "The trial court erred as a matter of law and abused its discretion when it granted appellee's motion to dismiss for failure to state a claim upon which relief may be granted."
{¶ 3} Appellee has failed...
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