Leotta v. Great Lakes Pain Mgt. Ctr.

Citations

• 161 N.E.3d 91
• 2020 Ohio 4995

Syllabus

Civ.R. 12(B)(5) insufficiency of service of process abuse of discretion affirmative defense waiver footnote. The trial court did not abuse its discretion in granting defendants' motion to dismiss pursuant to Civ.R. 12(B)(5) because plaintiff did not dispute that she had failed to perfect service on a named defendant, and defendants had properly preserved their Civ.R. 12(B)(5) defense.