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LaNEVE v. ATLAS RECYCLING, INC.

Nos. 2007-1199, 2007-1372, and 2007-1373.

119 Ohio St.3d 324 (2008)

2008-Ohio-3921

LaNEVE et al., Appellees, v. ATLAS RECYCLING, INC.; CHINA SHIPPING (NORTH AMERICA) HOLDING COMPANY, LTD. et al., Appellants.

Supreme Court of Ohio.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Robert F. Burkey, for appellees.

Ray, Robinson, Carle & Davies, Julia R. Brouhard, and Robert T. Coniam, for appellant China Shipping (North America) Holding Company, Ltd.

Davis & Young, Thomas W. Wright, and William Jack Meola, for appellant ContainerPort Group, Inc.

CUPP, J.

{¶ 1} In this discretionary and certified-conflict appeal, the issue is whether the saving statute of R.C. 2305.19(A) applies to an action that was not commenced pursuant to the specific requirements of Civ.R. 15(D). We conclude that when the specific requirements of Civ.R. 15(D) for commencing an action are not met, an amendment does not relate back to the date of the original complaint under Civ.R. 15(C) and Civ.R. 3(A) and...

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