from the Franklin County Court of Common Pleas No. 15CV-6313
Plymale & Dingus, LLC, and Ronald E. Plymale, for
appellee Richard Lewis, Jr.
Warburton & Adams, Inc., and Christopher R. Walsh, for
Christopher R. Walsh.
1} Defendant-appellant, Jasmine Moore, appeals from
a judgment of the Franklin County Court of Common Pleas that
dismissed the claims against her without prejudice. For the
following reasons, we affirm.
Facts and Procedural History
2} On July 24, 2015, plaintiff-appellee, Richard
Lewis, Jr., acting pro se, filed suit against appellant and
Alfa Insurance Corporation ("Alfa"). In his
complaint, appellee alleged he sustained injuries to his
body, as well as damages to his 2007 Lincoln MKZ, as a direct
result of a collision caused by appellant. The complaint was
served by certified mail on appellant and Alfa at "P.O.
Box 2128[, ] Brentwood, TN 37024-2128." (Summons.) The
record contains two United States Postal Service notices
indicating that "Jeff Alexander" received and
signed for the complaint at that address on August 3, 2015.
Appellee indicated at the top of his complaint that the
"[d]ate of loss" was "12/16/13."
(Complaint at 2.)
3} On August 18, 2015, Alfa and appellant each filed
separate answers. Both answers denied appellee's claims
and asserted several defenses. Appellant specifically
asserted the defense of "insufficiency of service of
process and insufficiency of process" as well as
"lack of personal jurisdiction over this answering
[defendant." (Answer at 2.) Appellant ultimately stated
that "having fully answered the Complaint of
Plaintiff, prays that same may be dismissed and that she
may go hence and recover her costs of suit herein."
(Answer at 3.)
4} On December 11, 2015, appellant and Alfa jointly
filed an initial identification of witnesses. On April 11,
2016, appellant and Alfa jointly filed a notice of deposition
of appellee, and, on April 13, 2016, appellant and Alfa
jointly filed an amended notice of deposition of appellee. On
July 21, 2016, the case was referred to a magistrate to
preside over a jury trial scheduled for December 6, 2016.
5} On August 5, 2016, appellant filed a motion to
dismiss the complaint, pursuant to Civ.R. 3, alleging that
appellee had failed to commence this action within the time
provided by law. Specifically, appellant argued that (1) she
has never resided or maintained a post office box in
Tennessee, (2) appellee requested service of the complaint of
both her and Alfa at Alfa's post office box in Brentwood
Tennessee, (3) at the time of the filing of the complaint,
she was living in Columbus, Ohio, and (4) she never received
any complaint of summons from the Franklin County Court of
Common Pleas related to this ...