# Manohar v. Massillon Community Hospital

> Ohio Court of Appeals · September 15, 1997 · 122 Ohio App. 3d 715

URL: https://www.frixlaw.com/law-library/cases/3749945

## Case

- **Full name:** MANOHAR, Appellant, v. MASSILLON COMMUNITY HOSPITAL Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** September 15, 1997
- **Citations:** 122 Ohio App. 3d 715; 702 N.E.2d 937; 1997 Ohio App. LEXIS 6121
- **Precedential status:** Published
- **Opinion:** Dissent by Gwin
- **Judges:** Farmer, Hoffman, Gwin
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3749945

## Opinion text

Gwin, Presiding Judge,
dissenting.
I must dissent from the result reached by the majority.
*720
I believe the federal court did not have subject-matter jurisdiction over appellant’s complaint. For this reason, the federal court’s dismissal
could not
be on the merits of the action. The principles of
res judicata
and issue preclusion do not apply here. Appellant’s state claims are not barred.
I would reverse the trial court’s judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3749945. Public record. Not legal advice.