Does ‘Double Dismissal Rule’ Apply When Second Dismissal Is Based on Failure to Serve Complaint on Defendant?
Sisk & Associates, Inc. v. The Committee to Elect Timothy Grendell et al., Case no. 2008-1265 10th District Court of Appeals (Franklin County) ISSUE: Under the “double dismissal” provision of Ohio Civil Rule 41(A)(1), when the plaintiff in a civil lawsuit has already voluntarily dismissed his complaint once and then refiled it, does the plaintiff’s subsequent failure to serve the refiled complaint on the defendant within one year of the date of refilling require the court to dismiss the plaintiff’s case “with prejudice?” BACKGROUND: Under Ohio Civil Rule 41(A)(1), a plaintiff is permitted to unilaterally dismiss his civil complaint against a defendant “without prejudice” (without impairing his ability to later refile the same complaint) on one occasion by simply filing a notice of dismissal with the trial court. The rule provides, however, that if a voluntarily dismissed complaint is refiled, any subsequent dismissal by the plaintiff without the express consent of the defendant or leav
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