Messenger v. Marion Cty. Prosecutor's Office

Citations

• 2020 Ohio 851

Syllabus

A suit cannot be successfully commenced against a deceased defendant under Civ.R. 3(A) because a deceased defendant cannot be served and a trial court cannot, therefore, have personal jurisdiction over that defendant. A suit filed against a deceased defendant is not, however, a nullity as the plaintiff may later amend his or her complaint to name the proper party.