Opinion

State ex rel. DeDonno v. Mason

  • 128 Ohio St. 3d 412
  • 2011 Ohio 1445
Court
Ohio Supreme Court
Filed
Mar 31, 2011
Status
Published
On the bench
O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown
Cited by
12 cases
Authority
More cited than 74.2%

The opinion

[Cite as State ex rel. DeDonno v. Mason, 128 Ohio St.3d 412, 2011-Ohio-1445.]

THE STATE EX REL. DEDONNO, APPELLANT, v. MASON, JUDGE, APPELLEE.

[Cite as State ex rel. DeDonno v. Mason,

128 Ohio St.3d 412, 2011-Ohio-1445.]

A dismissal other than on the merits ordinarily does not prevent a party from

refiling the action and thus is ordinarily not a final, appealable order —

Court of appeals’ judgment denying writ of mandamus to compel judge to

issue a final, appealable order affirmed.

(No. 2010-1903 — Submitted March 23, 2011 — Decided March 31, 2011.)

APPEAL from the Court of Appeals for Cuyahoga County,

Nos. 95431 and 95498, 2010-Ohio-4903.

__________________

Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying appellant

Gregory Smith DeDonno’s request for a writ of mandamus to compel appellee,

Cuyahoga County Court of Common Pleas Judge Lance T. Mason, to issue a

final, appealable order in a civil case instituted by DeDonno.

{¶ 2} Judge Mason acted within his discretion to dismiss the case

because of DeDonno’s failure to comply with a court order. See Civ.R. 41(B)(1).

The action was dismissed without prejudice, which, by rule, is not a final,

appealable order. See Civ.R. 41(B)(3). “Ordinarily, a dismissal ‘other than on

the merits’ does not prevent a party from refiling and, therefore, ordinarily, such a

dismissal is not a final, appealable order.” Natl. City Commercial Capital Corp.

v. AAAA At Your Service, Inc., 114 Ohio St.3d 82, 2007-Ohio-2942, 868 N.E.2d

663, ¶ 8. Extraordinary relief in mandamus is thus not available.

Judgment affirmed.

SUPREME COURT OF OHIO

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O’DONNELL,

LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

__________________

Gregory Smith DeDonno, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Charles

E. Hannan, Assistant Prosecuting Attorney, for appellee.

______________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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