As an initial matter, we note that, although Caines characterized her motion as a motion to dismiss, pursuant to Civ. A motion to dismiss filed after the pleadings have closed, however, may be evaluated as a Civ. State ex rel. We therefore conclude that the mischaracterization had no prejudicial effect on Rushford, and we proceed as if this case had been decided on a motion for judgment on the pleadings. A judgment on the pleadings may be granted only if no material factual issues exist and the moving party is entitled to judgment as a matter of law.
Appellate review is de novo.
Rich v. Erie Cty. In Ohio, a child born out of wedlock may only inherit from his natural father under certain circumstances. App.2d 75, 76-77. In the instant action, it is undisputed that the decedent took none of these affirmative measures. Rather, Rushford seeks to establish paternity under R.C. Chapter 3111.