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Austin v. Standard Building12/4/1997
o July 29, 1995, a period of three and one-half months, appellant had the opportunity to review the rule, correct her error, and properly follow the requirement of Civ.R. 15(D) to personally serve the summons on appellee. Had appellant done so, the requirements of Civ.R. 15(D) would have been met, the amended complaint would have related back to the date of filing pursuant to Civ.R. 3(A), and the statute of limitations would not be a bar to the action against appellee. With the facts of the case as they are before us, we do not see the actions of appellee as violating the spirit of the civil rules. Accordingly, we find appellant's third assignment of error to be without merit.
The judgment of the trial court is affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES D. SWEENEY, C.J. and JOSEPH J. NAHRA, J. CONCUR
JUDGE TIMOTHY E. McMONAGLE
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