Opinion

Brown v. Lavery

  • 87 Ohio App. 3d 745
  • 622 N.E.2d 1179
  • 1993 Ohio App. LEXIS 2680
Court
Ohio Court of Appeals
Filed
May 26, 1993
Status
Published
Author
Reece
On the bench
Baird, Dickinson, Reece
Cited by
6 cases

The opinion

Reece, Judge,

dissenting.

I believe the majority has not emphasized the controlling part of R.C. 2305.-15(A). That statute states that the person’s absence from the state “shall not be computed as any part of

a period within which the action must be brought.”

(Emphasis added.) The majority properly refers to that period within which the action must be brought as the “statutory period” of two years. R.C. 2305.10. Clearly, it is during that statutory period that absences must occur in order to toll the time limitation and not during some additional, piggy-backed period of time.

I note that in the case of

Wetzel v. Weyant, supra,

cited by the majority, the absences occurred during the statutory period of two years.

I would affirm the judgment below.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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