COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 73087 RUSSELL KORNBLUT : : ACCELERATED DOCKET Plaintiff-Appellee : : JOURNAL ENTRY vs. : : AND JAMES PESEK, ET AL. : : OPINION Defendants-Appellants : : PER CURIAM DATE OF ANNOUNCEMENT April 16, 1998 OF DECISION: CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CV-322798 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: For Defendants-Appellants: THOMAS R. WOLF, ESQ. JAMES G. CORRIGAN, ESQ. Reminger & Reminger Co. 1520 Standard Building The 113 St. Clair Building 1370 Ontario Street Cleveland, Ohio 44114 Cleveland, Ohio 44113 and GEORGE E. LOUCAS, ESQ. 600 Standard Building 1370 Ontario Street Cleveland, Ohio 44113 -2- PER CURIAM: This is an accelerated appeal under App.R. 11.1, which by its nature imports that our decision in this appeal will be in brief, conclusory form. Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158. We conclude that appellants' action against appellee George Loucas is time barred under R.C. 2305.11(A). R.C. 2305.11(A) requires that a legal malpractice action be commenced within one year. The one year statute of limitations in this case started to run on June 14, 1994. See Omni-Food & Fashion, Inc. v. Smith (1988), 38 Ohio St.3d 385 and Skidmore & Hall v. Rottman (1983), 5 Ohio St.3d 210. On June 14, 1994 appellants filed a legal malpractice action against Russell Kornblut and George Loucas. In the legal malpractice action, they alleged that Kornblut and Loucas were negligent in handling their medical malpractice lawsuit. Several days later, on June 30, 1994, appellants dismissed that lawsuit against Kornblut and Loucas. On January 13, 1997, Kornblut sued appellants for unpaid legal fees generated while he was the lawyer in the medical malpractice suit. Appellants counterclaimed against Kornblut and Loucas. Kornblut and Loucas moved for summary judgment claiming that the appellants' counterclaim was substantially identical to the June 14, 1994 legal malpractice lawsuit filed against them by appellants, was time barred. The trial court agreed and ruled accordingly. After reviewing this matter de novo, we agree with -3- the trial court and hold as a matter of law that the statute of limitations started to run on June 14, 1994, and appellants' November 1996 counterclaim is time barred. See Omni-Skidmore, supra. Appellants' first error1 is overruled. Accordingly, appellant's remaining error is moot. Judgment affirmed. 1See Appendix for Assignments of Error. -4- It is ordered that appellee recover of appellants his costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. ______________________________ PATRICIA ANN BLACKMON, ADMINISTRATIVE JUDGE ______________________________ JAMES M. PORTER, JUDGE ______________________________ LEO M. SPELLACY, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 25(A); Loc. App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E), unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R.22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1). APPENDIX ASSIGNMENTS OF ERROR -5- I. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY DISMISSING DEFENDANTS' COUNTERCLAIMS OF PROFESSIONAL NEGLIGENCE PURSUANT TO THE PLAINTIFFS' [sic] MOTION FOR SUMMARY JUDGMENT. II. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR BY DISMISSING DEFENDANTS' COUNTERCLAIM OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS .