Edwards v. Cuyahoga

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[Cite as Edwards v. Cuyahoga, 2001-Ohio-1864.] IN THE COURT OF CLAIMS OF OHIO RISE EDWARDS, et al. : Plaintiffs : CASE NO. 2001-10255 v. : ENTRY OF DISMISSAL AND RETURNING THE ORIGINAL PAPERS COUNTY OF CUYAHOGA Defendant : : : : : : : : : : : : : : : : : : : On August 6, 2001, the Cuyahoga County Court of Common Pleas transferred original papers to this court in the above-captioned case. R.C. 2743.03(E)(1) states: A party who files a counterclaim against the state or makes the state a third-party defendant in an action commenced in any court, other than the court of claims, shall file a petition for removal in the court of claims. The petition shall state the basis for removal, be accompanied by a copy of all process, pleadings, and other papers served upon the petitioner, and shall be signed in accordance with Civil Rule 11. A petition for removal based on a counterclaim shall be filed within twenty-eight days after service of the counterclaim of the petitioner. A petition for removal based on third-party practice shall be filed within twenty-eight days after the filing of the third-party complaint of the petitioner. Upon review, the court finds that a petition for removal has not been filed in this case. Furthermore, the State of Ohio is not a party to this action, and therefore, the court lacks subject matter jurisdiction. case is hereby DISMISSED. R.C. 2743.02(E). Accordingly, the The court shall absorb the costs Case No. 2001-10255 associated with this case. -2- ENTRY The clerk is directed to return the original papers to the Cuyahoga County Court of Common Pleas. ________________________________ JUDGE Entry cc: Jeffrey H. Friedman Stephen S. Vanek Sixth Floor - Standard Building 1370 Ontario Street Cleveland, Ohio 44113 Attorneys for Plaintiffs Christopher J. Russ Assistant Prosecuting Attorney The Justice Center, Courts Tower 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 Attorney for Defendant KWP/cmd Filed 10-25-2001 Jr. Vol. 684, Pgs. 160-161 To S.C. reporter 11-7-2001

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