HUBER v. STATE

Appellate No. 23890.

2010 Ohio 5284

John Huber, et al., Plaintiff-Appellant, v. State of Ohio, et al., Defendant-Appellees.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on October 29, 2010.


Attorney(s) appearing for the Case

John Huber, 259 Lorenz Avenue, Dayton, Ohio 45417, Attorney for Plaintiff-Appellant.

Richard Cordray, by Damion Clifford, Atty. Reg. #0077777, State of Ohio Attorney General's Office, 30 East Broad Street, 25th Floor, Columbus, Ohio 43215-3428, Attorney for Defendant-Appellee, State of Ohio.

John C. Musto, Atty. Reg. #0071512, Law Office of the City of Dayton, 101 West Third Street, Dayton, Ohio 45402, Attorney for Defendant-Appellee, City of Dayton.


OPINION

PER CURIAM.

{¶ 1} John Huber appeals from the judgment of the Montgomery County Common Pleas Court dismissing his complaint. In two identical assignments of error, Huber contends "[t]he trial court committed an error of judgment by ruling that hornbook law does not conform to Civ.R. 15(B) with amendments of evidence."

{¶ 2} In his initial complaint, Huber sought $100 million dollars in money damages against...

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