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COOK v. SMITH

No. 12AP-489.

2013 Ohio 290

Brandt Cook et al., Plaintiffs-Appellants, v. Scott Elliot Smith et al., Defendants-Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

January 31, 2013.

Attorney(s) appearing for the Case

Jeffery K. Lucas , for appellants.

Isaac, Brant, Ledman & Teetor, LLP, Mark Landes and James M. Young ; John P. Mazza , for appellees Scott Elliot Smith and Scott Elliot Smith, LPA.

Reminger Co., LPA, Michael Romanello and Melvin J. Davis , for appellees Todd Collis and Collis, Smiles & Collis, LLC.

Organ Cole + Stock, LLP, Shawn J. Organ , Jonathon K. Stock and Erik J. Clark , for appellee Janet Phillips.

DECISION

TYACK, J.

{¶ 1} Brandt Cook and related parties are appealing from the dismissal of his lawsuit against his former attorneys. Four errors are assigned for our consideration:

[I.] The trail [sic] court commits error in granting a motion to dismiss pursuant to Civ. R. 12(B)(6) when the cause of action has as an element of the claim the resolution of an underlying proceeding and the underlying litigation will not be resolved...

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