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BENEFICIAL OHIO, INC. v. ELLIS

No. 2007-1455.

121 Ohio St.3d 89 (2009)

2009-Ohio-311

BENEFICIAL OHIO, INC., Appellant, v. ELLIS; RUDLOFF, EXR., ET AL., Appellees.

Supreme Court of Ohio.

Decided February 3, 2009.

Attorney(s) appearing for the Case

Plunkett Cooney, Amelia A. Bower, and Theran J. Selph Sr.; and Shumaker, Loop & Kendrick, L.L.P., Neema M. Bell, and Dana R. Ewing, for appellant.

Guarnieri & Secrest, P.L.L., Randil J. Rudloff, and John M. Rossi, for appellees.

PFEIFER, J.

{¶ 1} The question before us in this case is whether service upon one defendant in a multidefendant lawsuit is sufficient to consider the action "pending" for purposes of the doctrine of lis pendens, as codified in former R.C. 2703.26. We hold that pursuant to former R.C. 2703.26, once service has been made upon one defendant in a multidefendant lawsuit, the action is "pending" so as to charge third persons with notice of its pendency...

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