SPP Properties, L.L.C. v. Jones

Citations

• 2025 Ohio 4375

Syllabus

Forcible entry and detainer action; R.C. 1923.06; second cause of action; money-damages claim; misapplication of law; service; Civ.R 1; Civ.R. 3(A); Civ.R. 4-4.6; waiver of service; appearance; motion to quash. Judgment reversed. The trial court failed to comply with the Ohio Rules of Civil Procedure's service requirements and erred when it denied the defendant's motion to quash service and dismiss the complaint. Based on the facts and circumstances presented by this case, dismissal was appropriate under Civ.R. 3(A), requiring that service be perfected within one year of the complaint's filing for the action to commence, and Civ.R. 4(E), mandating dismissal when service is not made upon a defendant within six months after the complaint's filing and good cause for noncompliance cannot be shown. The matter is remanded with instructions for the municipal court to vacate the judgments granted against the defendant and dismiss the plaintiff's money-damages claim.