Deidre Priddy, et al v. Jennifer Ferguson

State: Ohio

Docket No: 1999-Ohio-957

Case Date: 12/14/1999

Plaintiff: Deidre Priddy, et al

Defendant: Jennifer Ferguson

Preview:COURT OF APPEALS
THIRD APPELATE DISTRICT
UNION COUNTY

DEIDRE PRIDDY, ET AL. PLAINTIFFS-APPELLANTS             CASE NO. 14-99-38
v.
JENNIFER FERGUSON           O P I N I O N  DEFENDANT-APPELLEE
CHARACTER OF PROCEEDINGS: Civil appeal f rom Common Pleas Court
JUDGMENT: Judgment affirmed in part, reversed in part and remanded
DATE OF JUDGMENT ENTRY: December 14, 1999

ATTORNEYS:
  MR. DAVID A. BRESSMAN   Attorney at Law  Reg. No. 0047128 2000 West Henderson Road #70 Columbus, Ohio  43215   For Appellants
MR. BRADLEY L. SNYDER   Attorney at Law  Reg. No. 0006276 MS. PAMELA S. ROBBINS   Reg. No. 0067961 155 East Broad Street - 12th Floor Columbus, Ohio  43215   For Appellee

WALTERS, J.  Although this appeal was originally assigned to the accelerated docket, we have elected to render a full opinion in accordance with Loc.R. 12(5).
Plaintiff-Appellants, Deidre and Terry Priddy, appeal the judgments of the Court of Common Pleas of Union County dismissing their complaint, and denying their motion for relief from judgment pursuant to Civ.R. 60(B).  The following procedural facts are pertinent to the instant matter:
Although the original complaint is not contained in the record, it is apparent that Appellants filed an action within the statute of limitations against Defendant-Appellee, Jennifer Ferguson, following a May 16, 1996, motor vehicle accident.  Appellants asserted claims for personal injury and loss of consortium.  Thereafter, on July 14, 1998, for reasons not specified, Appellants filed a notice of voluntarily dismissal, without prejudice, pursuant to Civ.R. 41(A)(1)(a).
On July 9, 1999, counsel for Appellants attempted to refile the complaint within one year from the date of the notice of dismissal, by mailing the complaint via ordinary mail to the office of the Union County Clerk of Courts.  Prior to reaching its intended destination and for reasons not clearly outlined in the record, the document was returned to counsel sometime around July 23, 1999, with the envelope marked

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