Pegan v. Crawmer

We reverse the judgment of the court of appeals for the following reasons.

App.R. 1(A) states:

“These rules govern procedure in appeals to courts of appeals from the trial courts of record in Ohio.” (Emphasis added.)

Therefore, App.R. 13(D) could not have been applicable to this original action in the court of appeals.

Appellant urges that the clerk should have been required to serve copies of the petition with summons under Civ.R. 4(A). However, Civ.R. 1(A) states in part:

“These rules prescribe the procedure to be followed in all courts of this state in the exercise of civil jurisdiction at law…