Lash v. Miller

The judgment of .the Court of Appeals is reversed.

Civ. R. 3(A) provides that “[a] civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing.” (Emphasis added.)

The first paragraph of the syllabus in Mason v. Waters (1966), 6 Ohio St. 2d 212, reads:

“Within the meaning of Section 2305.17, Revised Code [similar to Civ. R. 3(A)], as it read prior to amendment effective October 30, 1965, the filing of a petition and pre-cipe for the issuance of summons does not constitute the commencement of an action or an attempt to commence an action…