Lively v. Reulbach

Citations

• 209 N.E.3d 919
• 2023 Ohio 613

Syllabus

Dismissal without prejudice with prejudice abuse of discretion notice final, appealable order. Judgment reversed and remanded. The trial court abused its discretion when it dismissed Lively's complaint. The trial court's dismissal without prejudice, in the instant case, effectively served as a dismissal with prejudice. Furthermore, there is nothing in the record upon which to conclude that Lively received notice of the trial court's intent to dismiss her complaint and that Lively's conduct or her counsel's conduct warranted a dismissal of the complaint.