Szabo v. Humphrey

James L. Kimbler, Judge.

The plaintiff filed an action for forcible entry and detainer pursuant to R.C. 1923.01 et seq. The trial on the complaint was set for hearing on November 29, 1993. On that date, both parties appeared, but the plaintiff did not have a copy of the three-day notice required to be served pursuant to R.C. 1923.04. As a *56result, the court continued the hearing on its own motion and also on the motion of the defendant, who wanted to consult with an attorney.

The new trial date was December 3, 1993. On December 1, 1993, the defendant filed a motion to dismiss on the following…