MOTORISTS MUT. INS. CO. v. MATHIAS

No. 86-12282-PR.

35 Ohio Misc. 2d 5 (1987)

MOTORISTS MUTUAL INSURANCE CO. ET AL. v. MATHIAS, THIRD-PARTY PLAINTIFF; OHIO DEPARTMENT OF TRANSPORTATION, THIRD-PARTY DEFENDANT.

Court of Claims of Ohio.

Decided May 20, 1987.


Attorney(s) appearing for the Case

William H. Keis, Jr., for plaintiffs.

William K. Hanner, for defendant and third-party plaintiff.

Anthony J. Celebrezze, Jr., attorney general, and G. Benjamin Wills, for third-party defendant.


STERN, J.

The third-party defendant's motion to dismiss is well-taken due to the third-party plaintiff's noncompliance with timely filing of the petition for removal. R.C. 2743.03 (E)(1) requires a petition for removal to be filed within twenty-eight days of the filing of the third-party plaintiff's complaint in common pleas court. Filing is defined in Civ. R. 5(E) as "* * * filing them with the clerk of court * * *." In this matter the petition for removal was filed...

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