Description
May Lender Unilaterally Dismiss Foreclosure Action After a Decree and Final Judgment In the Case Have Been Journalized?
Under Civil Rule That Allows Dismissal ‘Prior to Commencement of Trial’
Countrywide Home Loans Servicing, L.P. v. Michael Nichpor et al., Case no. 2012-0578
Sixth District Court of Appeals (Wood County)
ISSUE: Ohio Civil Rule 41(A)(1)(a) allows the plaintiff in a civil lawsuit one opportunity to unilaterally dismiss its complaint without prejudice (without forfeiting the right to later refile the same complaint). The rule specifies that the option to dismiss without leave of the court or agreement by the opposing party must be exercised “prior to the commencement of trial.” In this case, the Supreme C
ourt is asked whether trial and appellate courts committed reversible error when they allowed a mortgage lender to unilaterally dismiss its foreclosure action pursuant to Civ.R. 41(A)(1)(a) after the court in which the case was pending had issued a decree of foreclosure and recorded a final judgment in its journal.
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