City of Middleburg Heights v. Brown

Although the court of appeals dismissed the complaint in prohibition, we consider the issues it raises on the merits. “In an appeal as of right from a judgment of the court of appeals involving an extraordinary writ, this court will consider the case as if the action originally had been filed here.” In re Petition for Mallory (1985), 17 Ohio St. 3d 34.

The pertinent part of Civ. R. 41 reads:

“(A) Voluntary dismissal: effect thereof.

“(1) By plaintiff; by stipulation. Subject to the provisions of Rule 23(E) and Rule 66, an action may be dismissed by the plaintiff without order of court (a) by…