real-party-in-interest requirement (Ohio) · Go Syfert
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real-party-in-interest requirement in Ohio

12 Ohio opinions name it 1 courts 2006–2025 5 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Lincoln Property Co. v. Rochegreen
scotus · 2005 · cited in 3 Ohio opinions naming this issue, 2012–2023
2 sentences

2023Schwartzwald at ¶ 33, citing Lincoln Property Co. v. Roche, 546 U.S. 81, 90 (2005).

2021Schwartzwald at ¶ 33 , citing Lincoln Property Co. v. Roche, 546 U.S. 81, 90 (2005).

23
Adlaka v. Quarantagreen
ohioctapp · 2010 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022Mahoning No. 09 MA 134, 2010-Ohio-6509, ¶ 37-43 (concluding that the real- party-in-interest rule set forth in Civ.R. 17(A) does not apply in forcible entry and detainer proceedings because “R.C. 1923.01(C)(2) authorizes a ‘landlord’ to bring an action in forcible entry and detainer, and ‘landlord’ is defined more broadly than a real party in interest pursuant to Civ.R. 17(A)”).

11
Consumer Federation of America v. Upjohn Companygreen
dc · 1975 · cited in 1 Ohio opinions naming this issue, 2012–2012
1 sentence

2012Civ.R. 17(A) does not address standing; rather, the point of the rule is that “suits by representative plaintiffs on behalf of the real parties in interest are the exception rather than the rule and should only be allowed when the real parties in interest are identifiable and the res judicata scope of the judgment can be effectively determined.” Federal Home Loan Mortgage Corp. v. Schwartzwald, Slip Opinion No. 2012-Ohio-5017 , Knox County, Case No. 12-CA-13 7 quoting Lincoln Property Co. v. Roche, 546 U.S. 81, 90 , 126 S.Ct. 606 , 163 L.Ed.2d 415 (2005), citing Consumer Fedn. of Am. v. Upjohn

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Shealy v. Campbell green
ohio · 1985
2 sentences

2013Assn. v. Marcino, 181 Ohio App.3d 328 , 2009-Ohio-1178 , 908 N.E.2d 1032 (7th Dist.), citing Shealy v. Campbell, 20 Ohio St.3d 23, 24 , 485 N.E.2d 701 (1985). {¶15} The real-party-in-interest requirement, enables the defendant to avail himself of evidence and defenses that the defendant has against the real party in interest, and to assure him finality of the judgment, and that he will be protected against another suit brought by the real party at interest on the same matter.

2013Assn. v. Marcino, 181 Ohio App.3d 328 , 2009-Ohio-1178 , 908 N.E.2d 1032 (7th Dist.), citing Shealy v. Campbell, 20 Ohio St.3d 23, 24 , 485 N.E.2d 701 (1985). {¶15} The real-party-in-interest requirement, enables the defendant to avail himself of evidence and defenses that the defendant has against the real party in interest, and to assure him finality of the judgment, and that he will be protected against another suit brought by the real party at interest on the same matter.

32006–2013
Federal Home Loan Mortgage Corp. v. Schwartzwald green
ohio · 2012
2 sentences

2014Corp. v. Schwartzwald, 134 Ohio St.3d 13 , 2012-Ohio-5017 , the real- party-in-interest rule and standing are two separate concepts. "[T]he real-party-in-interest rule concerns only proper party joinder.

2014Corp. v. Schwartzwald, 134 Ohio St.3d 13 , 2012-Ohio-5017 , the real- party-in-interest rule and standing are two separate concepts. "[T]he real-party-in-interest rule concerns only proper party joinder.

22012–2014
In Re Highland Holiday Subdivision green
ohioctapp · 1971
2 sentences

2009The real-party-in-interest requirement, “ ‘enable[s] the defendant to avail himself of evidence and defenses that the defendant has against the real party in interest, and to assure him finality of the judgment, and that he will be protected against another suit brought by the real party at interest on the same matter.’ ” Id. at 24-25 , 20 OBR 210, 485 N.E.2d 701 , quoting In re Highland Holiday Subdivision (1971), 27 Ohio App.2d 237, 240 , 56 O.O.2d 404 , 273 N.E.2d 903 . {¶ 32} The current holder of the note and mortgage is the real party in interest in foreclosure actions.

2009The real-party-in-interest requirement, “ ‘enable[s] the defendant to avail himself of evidence and defenses that the defendant has against the real party in interest, and to assure him finality of the judgment, and that he will be protected against another suit brought by the real party at interest on the same matter.’ ” Id. at 24-25 , 20 OBR 210, 485 N.E.2d 701 , quoting In re Highland Holiday Subdivision (1971), 27 Ohio App.2d 237, 240 , 56 O.O.2d 404 , 273 N.E.2d 903 . {¶ 32} The current holder of the note and mortgage is the real party in interest in foreclosure actions.

22009–2013
Setters v. Durrani green
· 2020
2 sentences

2025Id. {¶93} Unlike in Setters, where Durrani merely raised a cursory Civ.R. 19 issue in his answer and did no more, in this case Durrani filed a pretrial motion pursuant to Civ.R. 19(A) to join Courtney’s and Koelblin’s insurers and again raised the issue in his JNOV and new trial motion.

2025Id. {¶93} Unlike in Setters, where Durrani merely raised a cursory Civ.R. 19 issue in his answer and did no more, in this case Durrani filed a pretrial motion pursuant to Civ.R. 19(A) to join Courtney’s and Koelblin’s insurers and again raised the issue in his JNOV and new trial motion.

12025–2025
McCann v. Durrani green
ohioctapp · 2023
2 sentences

2024McCann, 2023-Ohio-3953 , 227 N.E.3d 471, at ¶ 21 .

2024McCann, 2023-Ohio-3953 , 227 N.E.3d 471, at ¶ 21 .

12024–2024
U.S. Bank National Association v. Marcino green
ohioctapp · 2009
2 sentences

2013Assn. v. Marcino, 181 Ohio App.3d 328 , 2009-Ohio-1178 , 908 N.E.2d 1032 (7th Dist.), citing Shealy v. Campbell, 20 Ohio St.3d 23, 24 , 485 N.E.2d 701 (1985). {¶15} The real-party-in-interest requirement, enables the defendant to avail himself of evidence and defenses that the defendant has against the real party in interest, and to assure him finality of the judgment, and that he will be protected against another suit brought by the real party at interest on the same matter.

2013Assn. v. Marcino, 181 Ohio App.3d 328 , 2009-Ohio-1178 , 908 N.E.2d 1032 (7th Dist.), citing Shealy v. Campbell, 20 Ohio St.3d 23, 24 , 485 N.E.2d 701 (1985). {¶15} The real-party-in-interest requirement, enables the defendant to avail himself of evidence and defenses that the defendant has against the real party in interest, and to assure him finality of the judgment, and that he will be protected against another suit brought by the real party at interest on the same matter.

12013–2013
Coulson v. Coulson green
ohio · 1983
2 sentences

2011Accordingly, we do not find the trial court’s determination that Spicer failed to timely assert a real-party-in-interest defense to be an abuse of discretion. {¶39} Spicer’s second basis that he is entitled to relief under Civ.R. 60(B)(5) is his assertion that U.S. Bank and SPS have committed a “fraud on the court.” In making this argument Spicer relies solely on Coulson v. Coulson, (1983), 5 Ohio St.3d 12 , 448 N.E.2d 809 .

2011Accordingly, we do not find the trial court’s determination that Spicer failed to timely assert a real-party-in-interest defense to be an abuse of discretion. {¶39} Spicer’s second basis that he is entitled to relief under Civ.R. 60(B)(5) is his assertion that U.S. Bank and SPS have committed a “fraud on the court.” In making this argument Spicer relies solely on Coulson v. Coulson, (1983), 5 Ohio St.3d 12 , 448 N.E.2d 809 .

12011–2011
Corbett v. Ohio Building Authority green
ohioctapp · 1993
2 sentences

2006Auth. (1993), 86 Ohio App.3d 44, 49 , 619 N.E.2d 1145 .

2006Auth. (1993), 86 Ohio App.3d 44, 49 , 619 N.E.2d 1145 .

12006–2006

Where else courts name it

MI 30 (2013–2025) OH 12 (2006–2025) AL 9 (2000–2024) GA 3 (2014–2020) IN 3 (2011–2015) ID 3 (2009–2021) OR 2 (2006–2016) UT 2 (2005–2026) HI 2 (2001–2022) MS 2 (2005–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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