The opinion
Douglas, J.,
dissenting. I respectfully dissent. S.Ct.Prac.R. X(2) provides, in part, that “[a]ll original actions shall proceed under the Ohio Rules of Civil Procedure, unless clearly inapplicable.” In computing time for filing a pleading, Civ.R. 6(A) provides, in part, that “[t]he last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.”
*645 The issue upon which the majority decides this case is one of procedure — not substance. The various rules of court govern procedure. The majority’s citation of State ex rel. Huebner v. W. Jefferson Village Council (1995), 75 Ohio St.3d 381 , 662 N.E.2d 339 , is not on point. The last day for relators to have filed within the provision cited by the majority was Labor Day. R.C. 1.14(F) provides for “[t]he first Monday in September” (Labor Day) to be a legal holiday. Therefore, relator’s complaint should not be dismissed on this ground.
Accordingly, I respectfully dissent.
Stratton, J., concurs in the foregoing dissenting opinion.