Katko v. Modic
Ohio Court of Appeals
1Opinion of the Court
Ford, Presiding Judge.
This accelerated calendar case comes from the Lake County Court of Common Pleas. Appellant timely appeals the trial court’s judgment denying his motion to set aside default judgment and for leave to file an answer instanter.
On September 6, 1991, appellee inadvertently filed a complaint against appellant in the Cuyahoga County Court of Common Pleas, rather than in Lake County. Though the record itself does not indicate the reason for appellee’s mistake, appellee contends that upon discovery of this inadvertence, he filed a voluntary dismissal on September 10, 1991. On…
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