Dawn Court Associates v. Cristia

James L. Kimbler, Judge.

Statement of the Case

The plaintiffs, Dawn Court Associates et al., sued the defendant David Cristia, d.b.a. D & S Construction, in the Medina County Court of Common Pleas in 1998. In his answer, defendant alleged a Civ.R. 12(B)(5) defense of insufficiency of service of process. When the case was called for trial, the court reviewed the pleadings and determined from the file that the defense was well taken. It then granted the defendant’s motion to dismiss.

In April 2000, plaintiffs refiled their complaint. In this complaint, they set forth three causes of action. In…