Legal Opinion · Dissent

Maryhew v. Yova

Ohio Supreme Court

Decided June 20, 1984No. 83-207Published

1DissentClifford F. Brown, J.

The decision of the court in this case allows a party to a civil action to avoid the merits of such action by employing delaying tactics for a sufficient period of time to allow the statute of limitations to run. For the following reasons I find such an allowance by the court to be improper. Therefore I dissent.

The function of service of process is to alert a party of the pendency of a lawsuit against him. Service may be obtained in varied forms pursuant to Civ. R. 4 and the provisions of the Ohio Revised Code, such as R.C. 2703.14. It is a fundamental principle that no judgment can be…

2Cases cited12 opinions

  1. Miller v. LintOhio Supreme Court · 1980
  2. Akron-Canton Regional Airport Authority v. SwinehartOhio Supreme Court · 1980
  3. Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
  4. Blank v. BitkerCourt of Appeals for the Seventh Circuit · 1943
  5. Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967

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