Ohio Supreme Court Divided on How to Count Refiling Deadline

Lawsuits dropped with the intent of filing again must be refiled within one year of the dismissal date, not one year and one day, the Ohio Supreme Court said Thursday in a 5-2 ruling.

Ohio’s saving statute spells out the one-year period to refile a dismissed lawsuit even if the statute of limitations expired, Justice Megan E. Shanahan (R) wrote, and lawmakers clearly meant for the count to begin on the same calendar day the dismissal occurred.

“And this is how we would expect it to be,” Shanahan said. “If we agree to meet a year from September ...