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Triplett v. Beachwood Village9/3/2004
nfusion caused by the Tripletts' motion to substitute in this case, they did not need permission to file an amended complaint, since no responsive pleading had been filed by any existing defendant. Civ.R. 15(A). See, also, Fetterolf, 104 Ohio App.3d at 281. Under the above case law and analysis, the amended complaint in this action is equivalent to a refiled action for the purposes of avoiding dismissal of the case for failure of service.
{ } In conclusion, the trial court erred in dismissing this action with prejudice. Additionally, the trial court erred in failing to consider the amended complaint and instructions to serve summons as a refiled complaint for purposes of Civ.R. 3(A) and 4(E).
{ } For the foregoing reasons, the decision of the trial court is hereby reversed and this case is remanded for further proceedings according to law and consistent with this court's opinion.
Judgment reversed and cause remanded.
Waite, P.J., and Donofrio, JJ., concur.
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