Zimmie v. Zimmie

Six propositions of law have been presented by this appeal and cross-appeal.

I

The first issue raised in this cause is whether the trial court erred in its reinstatement of defendant’s counterclaim after its voluntary dismissal.

It is axiomatic that such dismissal deprives the trial court of jurisdiction over the matter dismissed. After its voluntary dismissal, an action is treated as if it had never been commenced. Goldstein v. Klivans, Inc. (App. 1931), 10 Ohio Law Abs. 133. Jurisdiction cannot be reclaimed by the court. However, *96as noted by the court of appeals below, the plaintiff failed to…