Liles v. Sporing

Citations

• 2025 Ohio 626

Syllabus

STATUTE OF LIMITATIONS — SAVINGS STATUTE — R.C. 2305.19 — VOLUNTARY DISMISSAL — OTHERWISE THAN UPON THE MERITS: The trial court erred in determining that Ohio's savings statute, R.C. 2305.19, did not apply to plaintiff's refiled complaint where plaintiff voluntarily dismissed his first complaint under Civ.R. 41(A)(1), which was a failure \otherwise than upon the merits\ under the savings statute, despite the fact that the dismissal occurred after the expiration of the statute of limitations and after Civ.R. 3(A)'s one-year commencement period, as the plain language of the savings statute only asks whether a previous case failed otherwise than upon the merits and Civ.R. 41(A)(1)(a) expressly states that a plaintiff's first voluntary dismissal is without prejudice and not on the merits.