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Dedonno v. Mason

Supreme Court of Ohio
Mar 31, 2011
2011 Ohio 1445 (Ohio 2011)

Opinion

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.

Gregory Smith DeDonno, pro se.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Charles E. Hannan, Assistant Prosecuting Attorney, for appellee.


{¶ 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." Nat'l. 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.

O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.


Summaries of

Dedonno v. Mason

Supreme Court of Ohio
Mar 31, 2011
2011 Ohio 1445 (Ohio 2011)
Case details for

Dedonno v. Mason

Case Details

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

Court:Supreme Court of Ohio

Date published: Mar 31, 2011

Citations

2011 Ohio 1445 (Ohio 2011)
2011 Ohio 1445

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