THOMAS v. FREEMAN

No. 96-2.

79 Ohio St.3d 221 (1997)

THOMAS ET AL., APPELLANTS, v. FREEMAN, APPELLEE.

Supreme Court of Ohio.

Decided July 16, 1997.


Attorney(s) appearing for the Case

Shapiro, Kendis & Assoc. Co., L.P.A., and David G. Schmidt; Stewart Jaffy & Assoc. Co., L.P.A., and Stewart R. Jaffy, for appellants.

McNeal, Schick, Archibald & Biro Co., L.P.A., and Marilyn J. Singer, for appellee.


LUNDBERG STRATTON, J.

There are two issues before this court. The first is whether a dismissal is on the merits where a court dismisses a case because service of process has failed and the dismissal entry does not indicate that the dismissal is otherwise than on the merits. The second issue is whether a plaintiff may utilize the savings statute to refile her complaint where the complaint was dismissed due to a failure...

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