Cairns v. Ohio Savings Bank

I respectfully dissent from the majority’s holding as to the second assignment of error only. The case law seems to be divided as to the issue of whether a dismissal under Civ.R. 12(B)(6) is an adjudication on the merits or whether it is never an adjudication on the merits. Even within our own court, some of the cases hold that Civ.R. 41(B)(3) renders a dismissal an adjudication on the merits if the court fails to indicate on the journal entry that the dismissal is with prejudice or without prejudice. I would follow the most recent holdings out of this court and find that the dismissal of the…