Ohio Furniture Co. v. Mindala

The issues presented in this appeal are: (1) whether Local Rule 11(C) is unconstitutional, and (2) whether the trial court abused its discretion in dismissing the case with prejudice. We hold that Local Rule 11(C) is constitutional, but that the trial court improperly dismissed the case with prejudice.

Local Rule 11(C)1 sets forth a seven-day limitation period within which responses to motions must be filed. This rule was passed under the authority of Section 5, Article IV of the Ohio Constitution2 and R.C. 2505.45.3 Appellant filed its response to appellee’s February 1984 motion to dismiss…