Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow

137 Ohio St. 3d 23, 2013-Ohio-2410 (Ohio 2013) · Supreme Court of Ohio · June 12, 2013 · No. 2012-0790

Summary

The Supreme Court of Ohio held that a trial court’s denial of a political subdivision’s motion for leave to amend its answer to assert political-subdivision immunity is a final, appealable order under R.C. 2744.02(C). Because the denial effectively deprived Electronic Classroom of Tomorrow of the alleged immunity defense, the court of appeals had jurisdiction to review the order. The court reversed and remanded for resolution of ECOT’s appeal, without deciding whether the trial court abused its discretion or whether ECOT was entitled to immunity on the merits.

Holdings

  1. A trial court's denial of a political subdivision's motion for leave to amend its answer to assert political-subdivision immunity is a final, appealable order under R.C. 2744.02(C) because it denies the political subdivision the benefit of the alleged immunity.
  2. The court declined to decide whether the trial court abused its discretion in denying leave to amend or whether ECOT was entitled to immunity as a matter of law, leaving those issues for the lower courts in the first instance.

Questions Presented

  1. Whether a trial court's denial of a political subdivision's motion for leave to amend its answer to assert political-subdivision immunity is a final, appealable order under R.C. 2744.02(C).

Disposition

reversed_and_remanded

Cases Cited (12)

  • State ex rel. Electronic Classroom of Tomorrow v. Cuyahoga Cty. Court of Common Pleas, 129 Ohio St. 3d 30, 2011-Ohio-626, 950 N.E.2d 149(followed)
  • Hubbell v. Xenia, 115 Ohio St. 3d 77, 2007-Ohio-4839, 873 N.E.2d 878(followed)
  • Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St. 3d 17, 540 N.E.2d 266 (1989)(followed)
  • Trotwood v. S. Cent. Constr., L.L.C., 192 Ohio App. 3d 69, 2011-Ohio-237, 947 N.E.2d 1291 (2d Dist.)(followed)
  • Worthington v. Wells Fargo Bank Minnesota, N.A., 5th Dist. No. 10 CA 40, 2010-Ohio-4541(followed)
  • Greene Cty. Agricultural Soc. v. Liming, 89 Ohio St. 3d 551, 733 N.E.2d 1141 (2000)(followed)
  • Wilson v. Stark Cty. Dept. of Human Servs., 70 Ohio St. 3d 450, 639 N.E.2d 105 (1994)(followed)
  • Burger v. Cleveland Hts., 87 Ohio St. 3d 188, 718 N.E.2d 912 (1999)(followed)
  • Sullivan v. Anderson Twp., 122 Ohio St. 3d 83, 2009-Ohio-1971, 909 N.E.2d 88(followed)
  • DiGiorgio v. Cleveland, 196 Ohio App. 3d 575, 2011-Ohio-5824, 964 N.E.2d 495 (8th Dist.)(followed)

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