Griffin v. Churneys Bodyworks, Inc.

Citations

• 2020 Ohio 3889

Syllabus

Civ.R. 37 R.C. 2323.51 motion for sanctions Civ.R. 41 voluntary dismissal jurisdiction right to appeal deposition discovery. Plaintiff-appellant appealed the trial court's decision to grant the defendants-appellees' motion for sanctions, filed pursuant to Civ.R. 37 and R.C. 2323.51. Appellant argued that the trial court lacked jurisdiction to rule on the motion because it had been filed after a Civ.R. 41 voluntary dismissal. Appellant also argued that the sanctions imposed were excessive. We found that the trial court had jurisdiction because the motion was filed pursuant to R.C. 2323.51 and is therefore a collateral issue that survives a voluntary dismissal. Appellant also waived his right to appeal whether the costs and fees imposed were excessive. At the hearing, appellant agreed to the amount of fees and costs, withdrawing his objections.