Williams v. Metro

Citations

• 2020 Ohio 3515

Syllabus

PROCEDURE/RULES – Civ.R. 41(B)(1) – DISMISSAL WITH PREJUDICE: The trial court did not err in determining that defendant's motion to compel plaintiff to comply with discovery requests was no longer moot after the appellate court remanded the cause for further proceedings. The trial court was not required to direct the clerk of courts to serve the discovery order under Loc.R. 17 or Civ.R. 58(B) because the order was not a final judgment. The trial court did not abuse its discretion in dismissing the cause with prejudice under Civ.R. 41(B)(1) where plaintiff did not comply with the court's discovery order and was on notice that the cause could be dismissed.