Sazima v. Chalko

The sole issue presented is whether the trial court abused its discretion in dismissing the action with prejudice for appellant’s unexplained failure to timely comply with its March 5, 1997 order for a more definite statement. For the following reasons, we hold that the trial court abused its discretion.

Civ.R. 12(E) provides:

“If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive *155pleading, he may move for a definite statement before interposing his responsive pleading. The motion shall point out the…