Poirier v. Tipp City Process Equip. Co.

Citations

• 2018 Ohio 1945

Syllabus

The trial court lacked jurisdiction over Appellant's action after Appellant filed a notice of dismissal under Civ.R. 41(A)(1). While the trial court had filed a summary judgment decision, the decision was interlocutory and not a final order, because the issue of attorney fees had not been resolved and the trial court had not included a Civ.R. 54(B) certification in its decision. Because the decision was interlocutory, Appellant had the ability to file a notice of dismissal. Once the notice of dismissal was filed, the action was if it had never been filed, and the trial court erred in striking the notice of dismissal. Reversed and remanded for further proceedings. (Hall, J., dissenting.)