Adkins v. Women's Welsh Club of Am.

Citations

• 2019 Ohio 70

Syllabus

Civ.R. 10(D)(2) affidavit of merit medical claim refiled action extension good cause dismiss Civ.R. 12(B)(6) Civ.R. 41(B)(1) notice opportunity to respond. Although the trial court did not abuse its discretion in finding appellant failed to demonstrate good cause warranting an extension of time to file an affidavit of merit in a refiled medical malpractice action, the court erred by dismissing the action without affording appellant notice and an opportunity to respond. Case was remanded with instructions to grant plaintiff-appellant an opportunity to respond by filing an affidavit of merit as required by Civ.R. 12(D)(2)(a), or by providing further information to show \good cause\ warranting an extension pursuant to Civ.R. 10(D)(2)(b) and (c).