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Supreme Court of Ohio - Case Nos. 2018-1233 & 2018-1479 Moore v. Mt. Carmel Health Sys.
Michael Moore v. Mount Carmel Health System et al., Case No. 2018-1233
Tenth District Court of Appeals (Franklin County)
ISSUES:
- Does the Ohio savings statute, R.C. 2305.19(A), apply to an action in which a plaintiff attempts, but fails to "perfect," service on the original complaint within one year pursuant to Rule 3(A) of the Ohio Rules of Civil Procedure?
- If so, when a plaintiff files instructions for service after the Civ.R. 3(A) one-year period, does the request act as a dismissal and refiling of case that allows the action to continue?
- Is a plaintiff's failure to serve a defendant before the statute of limitations and the one-year commencement period expire a failure on the merits?
Tenth District Court of Appeals (Franklin County)
ISSUES:
- Does the Ohio savings statute, R.C. 2305.19(A), apply to an action in which a plaintiff attempts, but fails to "perfect," service on the original complaint within one year pursuant to Rule 3(A) of the Ohio Rules of Civil Procedure?
- If so, when a plaintiff files instructions for service after the Civ.R. 3(A) one-year period, does the request act as a dismissal and refiling of case that allows the action to continue?
- Is a plaintiff's failure to serve a defendant before the statute of limitations and the one-year commencement period expire a failure on the merits?
November 13, 2019