Opinion

Manohar v. Massillon Community Hospital

  • 122 Ohio App. 3d 715
  • 702 N.E.2d 937
  • 1997 Ohio App. LEXIS 6121
Court
Ohio Court of Appeals
Filed
Sep 15, 1997
Status
Published
Author
Gwin
On the bench
Farmer, Hoffman, Gwin
Cited by
11 cases

“Under Ohio law, a dismissal with prejudice by court order is a dismissal on the merits.”

How later courts described this case

  • “Under Ohio law, a dismissal with prejudice by court order is a dismissal on the merits.”

Written by the judges who cited it.

The opinion

Gwin, Presiding Judge,

dissenting.

I must dissent from the result reached by the majority.

*720

I believe the federal court did not have subject-matter jurisdiction over appellant’s complaint. For this reason, the federal court’s dismissal

could not

be on the merits of the action. The principles of

res judicata

and issue preclusion do not apply here. Appellant’s state claims are not barred.

I would reverse the trial court’s judgment.

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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