Sorrell v. Estate of Datko

DeGenaro, Judge.

{¶ 1} This timely appeal comes for consideration upon the record in the trial court, the parties’ briefs, and their oral arguments before this court. Appellant, Nathan Sorrell, administrator of the estate of Diann Kolich (“Kolich”), appeals the trial court’s dismissal of his complaint against appellee, Estate of Michael C. Datko (“Datko”), pursuant to a motion for failure to state a claim. The issue before us is whether the trial court erred by granting the motion to dismiss, stating that the case was not refiled within the provisions of the savings statute and beyond the…