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V.C. v. O.C.

Citations

  • 2024 Ohio 344

Syllabus

Motion to modify parental rights and responsibilities motion to show case continuing jurisdiction Civ.R. 75(J) service on opposing party dismissal for want of prosecution dismissal without prejudice Civ.R. 41(B) Civ.R. 75(P) appellate jurisdiction Article IV, Section 3(B)(2), Ohio Constitution R.C. 2505.02(B) special proceeding affects a substantial right. Appeal dismissed for lack of jurisdiction. Trial court's dismissal of appellant-father's motions to show cause and to modify parental rights and responsibilities for want of prosecution was without prejudice where dismissal was not based on the merits and father could refile his motions. Ruling did not affect a substantial right, under the specific facts of the case, where father did not claim that his motions could not be refiled for further consideration by the trial court if he were to properly invoke its continuing jurisdiction or that he would be prejudiced or that there were certain rights he would be relinquishing if he had to refile his motions.

Judges: E.A. Gallagher

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