Weiler v. Osborn Eng. Co.

Summary

The Eighth District Court of Appeals of Ohio reversed and remanded a judgment granting The Osborn Engineering Company’s motion for judgment on the pleadings in Shawn Weiler’s tortious-interference action. The court held that Weiler timely amended his complaint as a matter of course under Ohio Civil Rule 15(A), and that the trial court prematurely ruled on the motion without considering the amended complaint or closed pleadings under Civil Rule 12(C).

Holdings

1. Under Civ.R. 15(A), Weiler had an absolute right to amend his complaint once as a matter of course within 28 days after service of Osborn's responsive pleading, and his amended complaint filed on August 2, 2022, was timely.
2. The trial court erred by granting judgment on the pleadings based on the original complaint because the timely amended complaint superseded the original complaint and the pleadings were not closed when judgment was entered.
3. The second assignment of error was rendered moot by the reversal of the judgment on the pleadings.

Questions Presented

1. Whether the trial court erred by granting judgment on the pleadings based on the original complaint after Weiler timely filed an amended complaint as a matter of course.
2. Whether the trial court's judgment was premature because the pleadings were not closed when the judgment on the pleadings was entered.
3. Whether Weiler's motion for reconsideration should have been granted.

Disposition

reversed_and_remanded