State ex rel. Lindenschmidt v. Board of Commissioners

In his first proposition of law, Lindenschmidt asserts that the court of appeals abused its discretion in granting the board leave to file an answer after the twenty-eight-day period had expired. See Civ.R. 12(A)(1); Loc.R. 20(A) of the Twelfth Appellate District (“An original action * * * shall proceed as any civil action under the Ohio Rules of Civil Procedure.”).

Civ.R. 6(B)(2) provides that “[w]hen by these rules * * * an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion * * * upon motion made after the…