Ohio Supreme Court, 1995

Shaper v. Tracy

Ohio Supreme Court · Decided October 11, 1995 · Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright

73 Ohio St. 3d 1211; 654 N.E.2d 1268

Cases that cite this one

21 later published cases cite this decision.

Lycan v. Cleveland (Slip Opinion) (Ohio 2016)
Haney v. Roberts (Ohio Ct. App. 1998)
Hutchinson v. Beazer East, Inc., Unpublished Decision (12-21-2006) (Ohio Ct. App. 2006)
Kobal v. Kobal (Ohio Ct. App. 2022)
Gardner v. Paxton (Ohio Ct. App. 2018)
State ex rel. West v. McDonnell (Ohio 2014)
James Lumber Co. v. Nottrodt (Ohio Ct. App. 2012)
Stratford Commons v. Raaber (Ohio Ct. App. 2011)
Ramsey v. Rutherford, 06ca2936 (1-11-2008) (Ohio Ct. App. 2008)
State v. Balch, Unpublished Decision (12-20-2007) (Ohio Ct. App. 2007)
State ex rel. SuperAmerica Group v. Licking County Board of Elections (Ohio 1997)
State ex rel. SuperAmerica Group v. Licking Cty. Bd. of Elections (Ohio 1997)
Shaper v. Tracy (Ohio 1996)
Rice v. Lewis (Ohio Ct. App. 2013)
Nosal v. Fairlawn Corporate Ctr., 23846 (2-6-2008) (Ohio Ct. App. 2008)
Niepsuj v. Summa Health System, Unpublished Decision (1-14-2004) (Ohio Ct. App. 2004)
Jude v. Franklin County, Unpublished Decision (5-18-2004) (Ohio Ct. App. 2004)
Hamrick v. Daimlerchrysler Motors, Unpublished Decision (6-30-2004) (Ohio Ct. App. 2004)
Hamrick v. Daimler-Chrysler Motors, Unpublished Decision (6-18-2003) (Ohio Ct. App. 2003)
Charles Gruenspan Co. v. Thompson, Unpublished Decision (7-10-2003) (Ohio Ct. App. 2003)
Shaper v. Tracy (Ohio 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The commissioner argues that this court’s decision to decline jurisdiction in the declaratory judgment action is conclusive as to the issues in the *1212BTA case and bars this court from considering the instant appeal. Shaper responds that the declaratory judgment decision and the BTA decision deal with different issues.

A motion to dismiss is not the proper method to resolve the question posited by the commissioner. According to State ex rel. Freeman v. Morris (1991), 62 Ohio St.3d 107, 109, 579 N.E.2d 702, 703, res judicata is an affirmative defense. According to State ex rel. Koren v. Grogan (1994), 68 Ohio St.3d 590, 594, 629 N.E.2d 446, 450, an affirmative defense must be raised and proved, and it usually does not affect the jurisdiction of the court. Further, according to Freeman, the court may not dismiss a case, via a motion to dismiss, on res judicata grounds.

Accordingly, we deny the “motion to dismiss or affirm.”

Motion denied.

Moyer, C.J., Wright, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Douglas, J., dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.