Ritchey v. JP Morgan Chase Bank

Citations

• 2017 Ohio 8529

Syllabus

CIVIL PROCEDURE - Voluntary dismissal without prejudice filed after trial court's journalized decision granting summary judgment on all claims is a nullity. Civ.R. 41(A) implicit in the right to voluntary dismiss, is the requirement that the claims are pending prior litigation between same parties involving same note and mortgage precludes subsequent lawsuit for claims that could have been raised res judicata.