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· 4/14/2022

Stern v. Rob Oldham Properties, L.L.C.

Citations

  • 190 N.E.3d 63
  • 2022 Ohio 1232

Syllabus

Civ.R. 41 sanction abuse of discretion trial order dismissal notice selective enforcement. - Based on the entire record, the court abused its discretion to dispose of the counterclaim for failing to strictly adhere to a trial order when arguably no reasonable notice under the circumstances was given, there was no surprise or undue prejudice to the plaintiff, there was no undue delay to the court or proceeding with trial, and the court exercised arbitrary selection of enforcement of its trial order.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • defendants arrested by department store employees after leaving the store without paying for the items
  • “the Legislature is presumed to be aware of ‘the decisions of [the Supreme Judicial Court]’ ”
  • shoplifted property under protection of store employees

Source: CourtListener parenthetical corpus (CC0).

Judges: Keough

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.