Washington Mut. Bank v. Beatley (119 Ohio St. 3d 1405, 2008)

Franklin App. No. 06AP-1189, 2008-Ohio-1679. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed May 20, 2008:

“When a trial court dismisses a plaintiffs action for lack of capacity to maintain an action, does R.C. 1703.29 prevent the plaintiff from appealing that decision?”

O’Donnell, J.,

dissents.

The conflict case is Quality Internatl. Ents., Inc. v. IFCO Sys. N. Am., Inc., Summit App. No. 23131. 2006-Ohio-51.