PRINCE v. RIDENOUR

No. 80 CVF 1186.

65 Ohio Misc. 1 (1980)

PRINCE v. RIDENOUR ET AL.

Akron Municipal Court.

Decided July 29, 1980.


Attorney(s) appearing for the Case

Mr. Thomas J. Lowrey, for plaintiff.

Mr. Marc P. Gertz, for defendant Sears, Roebuck & Co.


GEORGE, J.

The plaintiff has moved the court for several orders: To strike the answer of the defendant, Sears, Roebuck & Company; to dismiss Sears' counterclaim; and, for judgment by default. The plaintiff argues that Sears' answer was not served within the twenty-eight day period following service of summons as required by Civ. R. 12(A)(1).

Civ. R. 12(A)(1) states, in pertinent part:

"The defendant shall serve his answer within 28 days...

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