State ex rel. Dallman v. Court of Common Pleas

The issue on which this case was certified is whether the time limit set forth in E. C. 2947.061,1 to wit, *178“The court shall hear any such motion within sixty days after the filing date thereof and shall enter its ruling thereon within ten days thereafter,” is mandatory, so as to divest of jurisdiction a trial court which fails to comply therewith. We find, however, that the jurisdictional posture of this case is not such as to permit us to resolve this otherwise justiciable issue.

It is elementary that every action shall be prosecuted in the name of the real party in interest (Civ. R. 17[A],…