Civ.R. 15(D) and Civ.R. 3(A) Unnamed Parties

In Mosley v. 131 Foods, Inc. Cuyahoga App. No. 87696, 2006 Ohio 5719, the Court considered whether a trial court's order granting summary judgment is a final appealable order when the plaintiff's time for identifying and serving John Doe defendants has not expired. The Court concluded that absent the Civ.R. 54(B) language that there is no just cause for delay, the grant of summary judgment under such circumstances is not a final appealable order. Id. at P5. In dealing with unnamed parties, the court must consider Civ.R. 15(D) in conjunction with Civ.R. 3(A); Jackson-Summers v. Brooks, Cuyahoga App. No. 86522, 2006 Ohio 1357, P15. Civ.R. 15(D) provides, in part, that "when the plaintiff does not know the name of a defendant, that defendant may be designated in a pleading or proceeding by any name and description. When the name is discovered, the pleading or proceeding must be amended accordingly." Further, under Civ.R. 3(A), an action is commenced by filing a complaint, "if service is obtained within one year from such filing upon a named defendant, or upon a defendant identified by a fictitious name whose name is later corrected pursuant to Civ.R. 15(D)."