Supportive Solutions, LLC v. Elec. Classroom of Tomorrow
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Appellant was a political subdivision for purposes of the governmental-immunity provisions of Ohio Rev. Code 2744. Appellee sued Appellant, asserting several claims. Appellant filed a motion for partial summary judgment, claiming political-subdivision immunity. Appellant then unsuccessfully sought to file an amended answer raising political-subdivision immunity as an affirmative offense. Thereafter, the trial court granted summary judgment to Appellant on two of Appellee's claims. After Appellant appealed the trial court's denial of leave to file an amended answer, the case proceeded to trial. The jury returned a verdict in favor of Appellee on two of its remaining claims. Appellant filed a second appeal from the judgment. While Appellant's appeals were pending, the Supreme Court held that Appellant's first appeal divested the trial court of jurisdiction to proceed with a trial of any claim subject to the political-subdivision immunity defense. The court of appeals subsequently dismissed Appellant's appeals for lack of jurisdiction. The Supreme Court reversed, holding (1) the trial court's denial of Appellant's motion for leave to file an amended answer to raise the affirmative defense of political-subdivision immunity precluded Appellant from enjoying the benefits of the alleged immunity; and (2) the court of appeals therefore possessed jurisdiction to determine Appellant's appeal of that order.
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