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ST. THOMAS HOSPITAL v. BEAL

Nos. 10078 and 10183.

2 Ohio App. 3d 132 (1981)

ST. THOMAS HOSPITAL, APPELLANT, v. BEAL, APPELLEE. ST. THOMAS HOSPITAL, APPELLANT, v. MURDOCK, APPELLEE.

Court of Appeals of Ohio, Summit County.

Decided July 22, 1981.

Attorney(s) appearing for the Case

Mr. John E. Codrea, for appellant.

Mr. Charles L. Grant, for appellees.

MAHONEY, P.J.

These two cases present the same issue. Does Civ. R. 3(A) require that a complaint be dismissed when service is not obtained upon the defendant within one year of filing?

Civ. R. 3(A) provides:

"A civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing."

R.C. 2305.17 provides:

"An action is commenced within the meaning of sections 2305.03 to 2305.22, inclusive...

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