Motorists Mutual Insurance v. Mathias

The third-party defendant’s motion to dismiss is well-taken due to the third-party plaintiff’s noncompliance with timely filing of the petition for removal. R.C. 2743.03 (E)(1) requires a petition for removal to be filed within twenty-eight days of the filing of the third-party plaintiff’s complaint in common pleas court. Filing is defined in Civ. R. 5(E) as “* * * filing them with the clerk of court * * *.” In this matter the petition for removal was filed with the Clerk of the Court of Claims on November 13, 1986, which is the thirtieth day following the filing of the third-party complaint.

T…