“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.