Legal Opinion
Hoover v. Sumlin
Ohio Supreme Court
Decided July 3, 1984No. 83-895PublishedCited by 146 opinions
1Opinion of the CourtKoehler, J.
The issue in this case is whether the affirmative defense of the statute of limitations may be raised by an amendment to an answer made with leave of court, pursuant to Civ. R. 15(A),1 where the time for an amendment as a matter of course has passed and there is no agreement of the parties permitting the amendment.
*3I
Appellants initially focus their argument on the impact of the amendment to Civ. R. 12(H)2 which was effective on July 1, 1983. Before that date, Civ. R. 12(H) provided, with certain exceptions not applicable herein, that:
“A party waives all defenses and objections which he does…
2Cases cited7 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Peterson v. TeodosioOhio Supreme Court · 1973
- Roth Steel Products, and Toledo Steel Tube Company, Cross-Appellants v. Sharon Steel Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- Mills v. Whitehouse Trucking Co.Ohio Supreme Court · 1974
- Bobbitt v. Victorian House, Inc.District Court, N.D. Illinois · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by146 opinions
- State ex rel. Tubbs Jones v. SusterOhio Supreme Court · 1998
- Gallagher v. Cleveland Browns Football Co.Ohio Supreme Court · 1996
- Turner v. Central Local School DistrictOhio Supreme Court · 1999
- State ex rel. Plain Dealer Publishing Co. v. City of ClevelandOhio Supreme Court · 1996
- McConnell v. Hunt Sports EnterprisesOhio Court of Appeals · 1999
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