Thomas v. Freeman

[This opinion has been published in Ohio Official Reports at 79 Ohio St.3d 221.] THOMAS ET AL., APPELLANTS, v. FREEMAN, APPELLEE. [Cite as Thomas v. Freeman,

1997-Ohio-395.] Civil procedure—Dismissal of actions—Civ.R. 41(B)(4), construed—When a court dismisses a case for lack of service under Civ.R. 41(B)(4), the plaintiff may utilize the savings statute to refile within one year, when. 1. When a plaintiff has failed to obtain service on a defendant, whether the court dismisses the case under Civ.R. 4(E) (failure to obtain service) or Civ.R. 41(B)(1) (failure to prosecute), the dismissal is…