Clyde v. Mantua

Citations

• 2026 Ohio 1316

Syllabus

Special master recommended dismissal pursuant to R.C. 149.43(C) because evidence established that requester failed to serve the preliminary complaint under Civil Rule 4. Special master recommended denial of respondent's motion to strike. Respondent received actual notice of the filing and was not prejudiced by requester's failure to serve pursuant to Civil Rule 5. Evidence also did not need to be stricken for requester's failure to provide an authenticating affidavit; special master was able to consider and resolve any authentication issues. Special master recommended denial of respondent's motion to dismiss for want of prosecution and related sanctions. Requester's failure to appear for mediation was explained to the court and did not rise to the level of sanctionable conduct. Special master recommended that respondent's Civil Rule 56 motion for summary judgment be considered a response to the complaint and denied as moot. A Civil Rule 56 motion for summary judgment is not contemplated by the R.C. 2743.75 special statutory proceeding.