Vo v. Gorski

Citations

• 175 N.E.3d 594
• 2021 Ohio 1957

Syllabus

Motion to dismiss nunc pro tunc order Civ.R. 60(A) clerical mistakes errors of oversight or omission substantive changes dismissal with prejudice dismissal without prejudice final, appealable order jurisdiction. Trial court erred in using a nunc pro tunc order to modify its dismissal of complaint \without prejudice\ to a dismissal \with prejudice\ where there was nothing in the record that showed that the trial court's nunc pro tunc order sought to correct a clerical mistake or an error arising from oversight or omission or that the trial court had actually decided to dismiss complaint with prejudice and then inadvertently indicated that complaint was dismissed without prejudice in its original order. Nunc pro tunc order vacated appeal dismissed for lack of jurisdiction to the extent appellant challenged trial court's dismissal of complaint without prejudice.