Kohn v. Glenmede Trust Co.

Citations

• 2025 Ohio 1058

Syllabus

Motion for reconsideration; Civ.R. 6; response time; due process; judgment on the pleadings; saving statute; statute of limitations; double-dismissal rule. Trial court did not violate plaintiff's due-process rights even though it ruled on motion for reconsideration before plaintiff's response deadline had passed because plaintiff filed a brief in opposition to the motion for judgment on the pleadings that was the subject of the reconsideration. Trial court erred in finding that plaintiff's third complaint was barred by Ohio's saving statute and the applicable statutes of limitations where first refiled complaint was dismissed by the trial court without prejudice pursuant to Civ.R. 41(A)(2), and Civ.R. 41(A)(2) does not include a double-dismissal rule. Late production of plaintiff's expert reports did not warrant dismissal where court did not grant defendants' motion to strike the reports.