State Ex Rel. Jacobs v. Municipal Court of Franklin County

It is with some reluctance that I concur in the result reached by my colleagues. My reluctance is due to my fear that the position taken may tend to limit the scope of, and defeat the purpose for the enactment of R. C. 2309.71, reflected in the presently operative Rule 14, Ohio Rules of Civil Procedure.

Concurrence is required, however, because R. C. 2309.-71, and Rule 14, appear to grant discretion to trial courts when they are confronted with a motion to strike the petition of a third-party plaintiff. The pertinent language of the section, and the rule, is as follows:

“Any party may move to…