Carrero v. Pabon

Citations

• 2024 Ohio 6030

Syllabus

Appellate review; limited to record; App.R. 9; App.R. 12; Civ.R. 41(B)(1); dismissal with prejudice; failure to appear at trial; failing to comply with court order; heightened abuse-of-discretion standard; party must have had notice of possibility of dismissal. Appellant and his counsel did not appear for trial nor did they comply with the court's prior order to file a trial brief, witness lists, exhibit lists, motions in limine, and stipulations seven days prior to trial. The court properly put appellant on notice that failure to comply with its order or appear for trial would result in dismissal. Consequently, the trial court did not abuse its discretion in dismissing the case with prejudice, even under a heightened abuse-of-discretion standard.