On March 8, 2000, appellees, James and Gail Pillo, filed a complaint for personal injuries sustained by James Pillo as a result of an accident on June 15, 1999 involving one Leonard Stricklin. Said complaint named as defendants Mr. Stricklin, American States Preferred Insurance Company (appellees' insurance company) and Mary Jo Perry. On April 24, 2000, appellees filed a motion for leave to amend the complaint to add appellants, Transcontinental Insurance Company and Continental Casualty Company. Appellees also filed a motion for leave to file a motion for summary judgment against appellants. By judgment entries filed April 25, 2000, the trial court granted both motions. On April 27, 2000, appellees filed an amended complaint, adding appellants as new party defendants. On same date, appellees filed a motion for summary judgment against appellants. On May 2, 2000, the trial court set a hearing date on the motion for summary judgment for May 15, 2000. On May 12, 2000, appellants filed a motion to dismiss the amended complaint for failure of service of process and lack of personal jurisdiction. On May 15, 2000, appellants filed a motion to vacate the hearing date on the motion for summary judgment and, in the alternative, motion to deny appellees' motion for summary judgment or, alternatively, order a stay of any response due pending further discovery. By judgment entry filed May 18, 2000, the trial court denied the latter motion. On May 30, 2000, appellants were properly served with the amended complaint. By judgment entries filed June 5, 2000, the trial court granted appellees' motion for summary judgment as against appellants and denied appellants' motion to dismiss. Appellants filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:
IN A JUNE 5, 2000 JUDGMENT ENTRY, THE TRIAL COURT ERRED IN OVERRULING DEFENDANT/APPELLANTS TRANSCONTINENTAL INSURANCE COMPANY AND CONTINENTAL CASUALTY COMPANY'S MOTION TO DISMISS FOR FAILURE OF SERVICE OF PROCESS AND LACK OF PERSONAL JURISDICTION.
IN A JUNE 5, 2000 JUDGMENT ENTRY, THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT TO THE PLAINTIFFS.
IN ITS MAY 2, 2000 ASSIGNMENT ORDER, THE TRIAL COURT ERRED IN REQUIRING THE DEFENDANTS/APPELLANTS TO RESPOND TO THE PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT BEFORE THE DEFENDANTS/APPELLANTS HAD BEEN PROPERLY SERVED AND BEFORE THE PERIOD PERMITTED UNDER THE CIVIL RULES FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING TO THE AMENDED COMPLAINT.
Upon review, we find the filing of the motion for summary judgment against appellants, the newly added party defendants, prior to the completion of service was a clear violation of the civil rules. Accordingly, the trial court erred in granting summary judgment on behalf of appellees and in denying appellants' request for a continuance and/or stay pending further discovery. Assignment of Error III is granted.
The judgment of the Court of Common Pleas of Stark County, Ohio is hereby reversed and remanded.
Farmer, P.J. Wise, J. and Reader, V.J. concur.