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If a claim is dismissed because it fails to state an appropriate cause of action and relief sought

Cleveland, OH |

then in the appeals court, will I be required to only submit cause and relief sought or will they require more documentation to review the case or will they rely on the memorandum of opinion?
Also.. What would be a suitable cause of action for public policy/tort(civil) or could /or should it be (contract, then would I have to file in a State court?)

Attorney Answers 1


  1. Appellate courts only review for errors below. They don't reconsider the case, and they don't allow you to submit any new information. You are unlikely to get a dismissal for failure to state a cause of action overturned on appeal, especially if it was done pro se. Normally if a case is dismissed for failure to state a cause of action, you can refile it if you can properly plead a cause of action. Since you had trouble initially, and are not comfortable or clear on the appropriate legal procedures, I would encourage you to seek legal representation.

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