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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