Family Medicine Found., Inc. v. Bright

Franklin App. No. 00AP-1476. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed August 21, 2001:

“Does R.C. 1329.10(C) permit a plaintiff to commence or maintain an action solely against a fictitious name; or must the action be commenced and/or maintained against the user of the fictitious name?”

The conflict case is Martin v. Bedroom Emporium (Dec. 24, 1997), Summit App. No. 18509, unreported, 1997 WL 803081.