Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, for a nuisance, or against a judge of a county court for misconduct in office, which shall abate by the death of either party.
Notes of Decisions
Cited in 42
cases (9 in the last 5 years), 1957–2026 · leading case: In Re L.W., 861 N.E.2d 546 (Ohio Ct. App. 2006).
In Re L.W., 861 N.E.2d 546 (Ohio Ct. App. 2006). · cites it 8דThe guardian ad litem argues that, rather than excepting the matter from the mootness doctrine, R.”
Kwame Ajamu v. City of Cleveland, 925 F.3d 793 (6th Cir. 2019). “21, which provided: Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, for a nuisance, or against a judge of a County Court for…”
State ex rel. Litty v. Leskovyansky, 671 N.E.2d 236 (Ohio 1996). · cites it 3דR.C. 2311.21 states that “[ujnless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, for a nuisance, or against, a judge of a county court…”
Vill. of Oakwood v. Makar, 463 N.E.2d 61 (Ohio Ct. App. 1983). · cites it 3דThe law on abatement is governed by R.C. 2311.21, 1 which provides that an action for slander abates by the death of either party.”
Witcher v. City of Fairlawn, 680 N.E.2d 713 (Ohio Ct. App. 1996). · cites it 3ד” In addition, R.C. 2311.21 governs the abatement of actions and states: “Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, for a…”
Diemer v. Diemer, 649 N.E.2d 1285 (Ohio Ct. App. 1994). · cites it 3דR.C. 2311.21, the abatement statute, states in relevant part as follows: “Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, *60 slander, malicious prosecution, for…”
Sweitzer v. Am. Express Centurion Bank, 554 F. Supp. 2d 788 (S.D. Ohio 2008). · cites it 2דThey acknowledge that Rule 25(a)(1) of the Federal Rules of Civil Procedure requires Plaintiffs claims to survive his death before substitution of the parties is allowed and based on O.R.C. § 2311.21 his defamation claim did not.”
Prokos v. Hines, 2014 Ohio 1415 (Ohio Ct. App. 2014). · cites it 2ד{¶41} As a preliminary consideration, we point out, pursuant to R.C. 2311.21, Laisa’s death did not result in an abatement of her pending claims.”
Gregg v. Gregg, 762 N.E.2d 434 (Ohio Ct. App. 2001). · cites it 3ד” In its first assignment of error, John’s estate claims that the abatement statute, R.C. 2311.21, does not apply to a divorce action so that dismissal was an error of law.”
Est. of Sanders v. Jones, 362 F. Supp. 3d 463 (W.D. Tenn. 2019). · cites it 2דHowever, it did not consider the effect of Ohio Rev. Code § 2311.21, which reads: Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution,…”
Jones v. Jones, 2023 Ohio 989 (Ohio Ct. App. 2023). · cites it 2ד” R.C. 2311.21. It has been observed that R.”
Bowman v. Parma Bd. of Educ., 542 N.E.2d 663 (Ohio Ct. App. 1988). · cites it 2דAppellant agrees -with the ap-pellees that defamation actions do not survive the death of either party, R.C. 2311.21, 11 Oakwood v. Makar (1983), 11 Ohio App.”
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