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· 3/26/2025

Harmon v. Walters

Citations

  • 2025 Ohio 1037

Syllabus

MOTION TO WITHDRAW — INVOLUNTARY DISMISSAL: The trial court did not abuse its discretion in granting plaintiff's counsels' motion to withdraw where the record reflects that plaintiff's first attorney withdrew while plaintiff was still represented by two other attorneys from the same law firm, and where the record reflects that plaintiff attended a hearing on a motion to withdraw filed by the two remaining attorneys, who alleged that plaintiff had terminated their relationship, and plaintiff did not object to their withdrawal, and therefore, plaintiff waived any issue with regard to the withdrawal of his second and third attorneys. The trial court erred in sua sponte dismissing plaintiff's case under Civ.R. 41(B)(1) for plaintiff's failure to comply with a pretrial filing deadline where the trial court did not give plaintiff an opportunity to explain noncompliance with the pretrial filing deadline before dismissing plaintiff's case.

Judges: Kinsley

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