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Gottschalk v. Kelley

2026-08-17

Authorities cited

Opinion

majority opinion

[Cite as Gottschalk v. Kelley, 2026-Ohio-3159.]

IN THE COURT OF APPEALS OF OHIO

THIRD APPELLATE DISTRICT

AUGLAIZE COUNTY

NATALIE GOTTSCHALK,

CASE NO. 2-25-14

PLAINTIFF-APPELLANT,

v.

CHARLES BRADFORD KELLEY,

ET AL., OPINION AND

JUDGMENT ENTRY

DEFENDANTS-APPELLEES.

Appeal from Auglaize County Common Pleas Court

Trial Court No. 2025 CV 0087

Judgment Reversed and Cause Remanded

Date of Decision: August 17, 2026

APPEARANCES:

Natalie J. Gottschalk, Appellant

Lindsay M. Johnson and Meredith C. Turner-Woolley for Appellees

Case No. 2-25-14

WILLAMOWSKI, J.

{¶1} Plaintiff-appellant Natalie J. Gottschalk (“Natalie”) appeals the

judgment of the Auglaize County Court of Common Pleas, arguing that the trial

court erred by granting the Civ.R. 12(C) motion for judgment on the pleadings filed

by defendants-appellees Charles Bradford Kelley (“Kelley”) and Huffman, Kelley,

& Brock, LLC. For the reasons set forth below, the judgment of the trial court is

reversed.

Facts and Procedural History

{¶2} In 2017, Natalie’s ex-husband filed a motion to modify their parental

rights and responsibilities. This motion alleged that Natalie had gone on a vacation

with her fiancé, Craig Gottschalk (“Craig”), in Colorado and had purchased

marijuana for Craig’s son during this trip. These allegations were based on

representations from Craig’s ex-wife and Craig’s son.

{¶3} In January of 2018, Kelley began to represent Natalie in this matter

while he was working in the same law firm as Craig. In this process, Kelley had a

meeting with Craig’s ex-wife and Craig’s son. In February of 2018, Kelley gave

Craig a copy of a lengthy email that he had received from Craig’s ex-wife and that

contained criticisms of Natalie. Kelley continued to represent Natalie until this legal

matter was resolved on January 9, 2019.

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{¶4} In 2021, the 134th General Assembly passed a statute of repose for legal

malpractice claims that read, in its relevant part, as follows:

(1) No action upon a legal malpractice claim . . . shall be commenced

more than four years after the occurrence of the act or omission

constituting the alleged basis of the legal malpractice claim.

(2) If an action upon a legal malpractice claim . . . is not commenced

within four years after the occurrence of the act or omission

constituting the alleged basis of the claim, then, any action upon that

claim is barred.

R.C. 2305.117(B). After the Governor signed Senate Bill 13 into law, this provision

went into effect on June 16, 2021.

{¶5} In July of 2021, Craig took Natalie’s client file into his possession when

he left the law firm where had worked with Kelley. By this time, Craig and Natalie

were married. In August of 2024, Natalie went through her client file. After

reviewing its contents, Natalie sent an email to Kelley that alleged he had

improperly shared information with Craig’s ex-wife.

{¶6} On May 30, 2025, Natalie filed a complaint that named Kelley and his

former law firm as defendants. She raised claims of legal malpractice; invasion of

privacy; and intentional infliction of emotional distress. On August 27, 2025, the

defendants filed a Civ.R. 12(C) motion for judgment on the pleadings, asserting that

the one-year statute of limitations and the four-year statute of repose for legal

malpractice claims barred the action filed by Natalie.

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{¶7} On October 14, 2025, the trial court issued a judgment entry that found

the allegations in the pleadings left questions of fact as to when the statute of

limitations began to run in this case. However, the trial court found that the statute

of repose in R.C. 2305.117(B) operated to bar Natalie’s claims and granted the

defendants’ Civ.R. 12(C) motion for judgment on the pleadings on this basis.

Assignment of Error

{¶8} Natalie filed her notice of appeal on November 12, 2025 and raises the

following assignment of error:

The Court erred in granting Defendant-Appellee’s Motion to

Dismiss.

Natalie asserts that the application of the statute of repose to the claims in her case

violated Ohio’s constitutional prohibition on retroactive laws since Senate Bill 13

went into effect after the alleged acts of legal malpractice occurred in 2018.

Standard of Review

{¶9} A Civ.R. 12(C) motion “imposes a structural test: whether on their face

the pleadings foreclose the relief requested.” Steinbrink v. Greenon Local School

Dist., 2012-Ohio-1438, ¶ 15 (2d Dist.). As a result, courts may only consider the

contents of the pleadings in deciding a Civ.R. 12(C) motion. Smith v. Wal-Mart

Stores East, LP, 2019-Ohio-5037, ¶ 8 (3d Dist.).

{¶10} “When presented with such a motion, a court must construe all the

material allegations of the complaint as true and must draw all reasonable inferences

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in favor of the non-moving party.” Provens v. Woodridge Place Apts., 2023-Ohio1388, ¶ 8 (10th Dist.). A motion for judgment on the pleadings is properly granted

where the court “finds beyond doubt, that the plaintiff could prove no set of facts in

support of his claim that would entitle him to relief.” Reznickcheck v. N. Cent. Corr.

Inst., 2007-Ohio-6425, ¶ 12 (3d Dist.).

{¶11} In other words, the decision to grant a Civ.R. 12(C) motion “requires

a determination that no material factual issues exist and that the movant is entitled

to judgment as a matter of law.” State ex rel. Midwest Pride IV, Inc. v. Pontious,

75 Ohio St.3d 565, 569-570 (1996). Thus, “the review of a decision to dismiss a

complaint pursuant to Civ.R. 12(C) presents only questions of law. . . .” Rayess v.

Educ. Comm’n for Foreign Med. Graduates, 2012-Ohio-5676, ¶ 18.

{¶12} For this reason, an appellate court applies a de novo standard of review

when examining a decision to grant a Civ.R. 12(C) motion for judgment on the

pleadings. Guilford v. Zaner, 2023-Ohio-2098, ¶ 7 (3d Dist.). Under the de novo

standard of review, an appellate court does not give deference to the trial court’s

determination but conducts an independent evaluation of the relevant materials.

McCreary v. Taylor Cadillac, Inc., 2025-Ohio-2562, ¶ 15 (3d Dist.).

Legal Standard

{¶13} “A statute of limitations establishes ‘a time limit for suing in a civil

case, based on the date when the claim accrued (as when the injury occurred or was

discovered).’” Wilson v. Durrani, 2020-Ohio-6827, ¶ 9, quoting Black’s Law

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Dictionary 1707 (11th Ed. 2019). In contrast, “[a] statute of repose . . . bars ‘any

suit that is brought after a specified time since the defendant acted . . . even if this

period ends before the plaintiff has suffered a resulting injury.’” Id., quoting

Black’s Law Dictionary at 1707. Thus, in applying a statute of repose, the focus of

the analysis will typically be the date of the defendant’s conduct. Id.

{¶14} However, this analysis has a different focus if the defendant’s conduct

occurred before the effective date of the relevant statute of repose because Article

II, Section 28 of the Ohio Constitution states that “[t]he general assembly shall have

no power to pass retroactive laws. . . .” This constitutional provision prohibits the

state legislature “from passing new laws that reach back in time and create new

burdens, deprivations, or impairments of vested rights.” Miller v. Hixson, 64 Ohio

St. 39, 51 (1901). A “vested right” is “one that is ‘fixed, settled, absolute, and not

contingent upon anything.’” Antoon v. Cleveland Clinic Found., 2016-Ohio-7432,

¶ 28, quoting Rehor v. Case W. Res. Univ., 43 Ohio St.2d 224, 229 (1975).

{¶15} The constitutional limitations imposed by Article II, Section 28 do not

only address laws that were intended to apply retroactively but also

include a prohibition against laws which commenced on the date of

enactment and which operated in futuro, but which, in doing so,

divested rights, particularly property rights, which had been vested

anterior to the time of enactment of the laws.

Bd. of Trustees of the Tobacco Use Prevention & Control Found. v. Boyce, 2010-Ohio-6207, ¶ 14, quoting Smead, The Rule Against Retroactive Legislation: A

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Basic Principle of Jurisprudence (1936), 20 Minn. L.Rev. 775, 781-782. As a result,

“a statute that applies prospectively may, through its operation, violate the

Retroactivity Clause if it destroys vested rights[.]” Taylor v. First Resolution Inv.

Corp., 2016-Ohio-3444, ¶ 55.

{¶16} Further, “accrued causes of action are vested, substantive rights.”

Ruther v. Kaiser, 2012-Ohio-5686, ¶ 29. Thus,

[p]ursuant to Article II, Section 28 of the Ohio Constitution, . . .

plaintiffs have a substantive right to bring their accrued actions and

that the constitutional prohibition on retroactive laws prevents the

Ohio General Assembly from unreasonably taking that right away by

outlawing their claims.

Oaktree Condo. Ass’n v. Hallmark Bldg. Co., 2014-Ohio-1937, ¶ 10. However, “a

party need not be granted an unlimited amount of time to bring a vested cause of

action. . . .” Antoon at ¶ 28. While a vested right to sue

cannot be taken away altogether, it does not conclusively follow that

the time within which the right may be asserted and maintained may

not be limited to a shorter period than that which prevailed at the time

the right arose, provided such limitation still leaves the claimant a

reasonable time within which to enforce the right.

Gregory v. Flowers, 32 Ohio St.2d 48, 54 (1972), quoting Smith v. New York

Central Rd. Co., 122 Ohio St. 45, 48 (1930). See Antoon at ¶ 28; Taylor at ¶ 56.

{¶17} In determining whether a statute of repose can be applied retroactively

under the Ohio Constitution, a court must “determine when th[e] action accrued”

before determining whether the action was filed “within a reasonable time of its

accrual.” Oaktree Condo. Ass’n. at ¶ 10, 12. Under the general rule, “a claim

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accrues when the wrongful act occurs.” Brust v. Kravitz, 2016-Ohio-7871, ¶ 21

(10th Dist.); Harris v. Reedus, 2015-Ohio-4962, ¶ 12 (10th Dist.) (“[A] cause of

action exists from the time the wrongful act is committed.”). See also Collins v.

Sotka, 81 Ohio St.3d 506, 507 (1988).

{¶18} However, the Supreme Court of Ohio noted that applying the statute

of limitations based upon this general rule could lead to unjust results if the injury

caused by the malpractice is not apparent at the time of the relevant act or omission.

Harris v. Liston, 86 Ohio St.3d 203, 205-206 (1999); Oliver v. Kaiser Community

Health Found., 5 Ohio St.3d 111, 113 (1983). To address this issue, the Supreme

Court of Ohio enunciated the discovery rule:

an action for legal malpractice accrues and the statute of limitations

begins to run when there is a cognizable event whereby the client

discovers or should have discovered that his injury was related to his

attorney’s act or non-act and the client is put on notice of a need to

pursue his possible remedies against the attorney or when the

attorney-client relationship for that particular transaction or

undertaking terminates, whichever occurs later.

Smith v. Conley, 2006-Ohio-2035, ¶ 4, quoting Zimmie v. Calfee, Halter &

Griswold, 43 Ohio St.3d 54 (1989), at syllabus. In the context of applying a statute

of repose retroactively under the Ohio Constitution, the Supreme Court of Ohio has

held that the date on which the discovery rule is triggered provides the reference

point for determining whether the cause of action was filed within a reasonable time.

Adams v. Sherk, 4 Ohio St.3d 37, 40 (1983).

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Legal Analysis

{¶19} Natalie argues that the trial court unconstitutionally applied the statute

of repose for legal malpractice claims retroactively. In this case, the alleged act of

malpractice occurred in 2018; the statute of repose took effect in June of 2021;

possession of Natalie’s client file was transferred in July of 2021; Natalie reviewed

her client file in August of 2024; and the complaint was filed in May of 2025.

{¶20} In examining the applicability of the statute of limitations in its

judgment entry, the trial court found that the discovery rule could have potentially

been triggered (1) when possession of Natalie’s client file was transferred in July of

2021; (2) when another child support case arose in July of 2022; or (3) when Natalie

reviewed her client file in August of 2024. After concluding that factual issues

existed as to when the discovery rule was triggered, the trial court found that the

statute of limitations could not serve as a basis for granting the Civ.R. 12(C) motion

for judgment on the pleadings.

{¶21} The trial court then found that the statute of repose barred this action

because Natalie filed her complaint more than four years after the defendant’s

conduct. But in reaching this conclusion, the trial court failed to apply the analysis

that was required to determine whether the application of the statute of repose for

legal malpractice claims was unconstitutionally retroactive in this case.

{¶22} As noted previously, the Supreme Court of Ohio held that the

application of a statute of repose is not unconstitutionally retroactive if the claimant

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had a reasonable time in which to file his or her claim. See Adams, 4 Ohio St.3d at

40; Oaktree, 2014-Ohio-1937, at ¶ 1, 12. In turn, the Supreme Court of Ohio relied

upon the discovery rule to provide the reference point for determining whether a

claim was filed within a reasonable time. Adams at 40.

{¶23} In the case presently before us, the trial court’s statute-of-limitations

analysis correctly concluded that the date on which the discovery rule was triggered

could not be discerned in the absence of further discovery. But the date on which

the discovery rule was triggered also provides the reference point for determining

whether the relevant statute of repose is unconstitutionally retroactive.

{¶24} Because the discovery rule cannot be applied without further

discovery, no determination can be made at this juncture as to whether Natalie had

a reasonable time in which to file this action. As a result, no determination can be

made at this juncture as to whether the application of the statute of repose for legal

malpractice claims in this case would be unconstitutionally retroactive.

{¶25} Since the trial court correctly found that the discovery rule could not

be applied at this stage of the proceedings, neither the statute of limitations nor the

statute of repose could serve as a basis for granting the Civ.R. 12(C) motion for

judgment on the pleadings under the facts of this case. Accordingly, the sole

assignment of error is sustained.

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Conclusion

{¶26} Having found error prejudicial to the appellant in the particulars

assigned and argued, the judgment of Auglaize County Court of Common Pleas is

reversed. This cause of action is remanded to the trial court for further proceedings

consistent with this opinion.

Judgment Reversed

And Cause Remanded

ZIMMERMAN, P.J. and MILLER, J., concur.

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JUDGMENT ENTRY

For the reasons stated in the opinion of this Court, the assignment of error is

sustained and it is the judgment and order of this Court that the judgment of the trial

court is reversed with costs assessed to Appellees for which judgment is hereby

rendered. The cause is hereby remanded to the trial court for further proceedings

and for execution of the judgment for costs.

It is further ordered that the Clerk of this Court certify a copy of this Court’s

judgment entry and opinion to the trial court as the mandate prescribed by App.R.

27; and serve a copy of this Court’s judgment entry and opinion on each party to the

proceedings and note the date of service in the docket. See App.R. 30.

John R. Willamowski, Judge

William R. Zimmerman, Judge

Mark C. Miller, Judge

DATED:

/hls

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