Opinion
No. 77-998
Decided December 4, 1978.
Quo warranto — To oust respondent from corporate franchises — Writ allowed, when.
IN QUO WARRANTO.
ON MOTION for default judgment.
Relator, the Attorney General of Ohio, filed this complaint on September 1, 1977, seeking the ouster of respondent, International University, U.S.A., from its corporate franchises.
Relator alleges that respondent, by its corporate name, has identified itself as a university without obtaining a certificate of authorization from the Board of Regents and filing such certificate with the Secretary of State; both required by R.C. 1713.02. Relator alleges further that the Secretary of State notified respondent, by letter dated April 19, 1977, that it would be required either to obtain such a certificate or to amend its corporate name to eliminate the word "university." Respondent has neither obtained the required certificate nor amended its corporate name. Thus, relator contends that respondent has offended against the law providing for its creation.
The complaint was served upon respondent on September 2, 1977. Respondent did not file an answer to relator's complaint or otherwise defend. Relator now moves for a default judgment.
Mr. William J. Brown, attorney general, and Mr. Thomas V. Martin, for relator.
Respondent has failed to file an answer to relator's complaint within 28 days of service of the summons and complaint upon it as required by Civ. R. 12(A)(1). Judgment by default is therefore granted pursuant to Civ. R. 55(A), and the writ prayed for allowed.
Writ allowed.
LEACH, C.J., HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.