Sisk & Assoc., Inc. v. Commt. to Elect Timothy Grendell

{¶ 1} The issue in this case is whether the trial court’s dismissal of a second complaint constituted a dismissal with or without prejudice. We conclude that it was a dismissal with prejudice.

Background and Procedural History

{¶ 2} Appellee, Sisk & Associates, Inc. (“Sisk”), filed a complaint for breach of contract against appellant, the Committee to Elect Timothy Grendell (“committee”), on September 23, 2004. Sisk failed to obtain service on the committee within one year and voluntarily dismissed the action. Sisk refiled the claim on October 19, 2005, and then filed an amended complaint on…