Perotti v. Ferguson

The basic issue presented is whether the trial court’s dismissal of appellant’s cause of action for failure to attend a pre-trial conference in accordance with a local court rule was proper. For the reasons that follow, this court holds that the dismissal herein was improper because the trial court did not give appellant notice prior to the dismissal of his case as required by Civ. R. 41(B)(1).

Local Rule VII4(h) of the Court of Common Pleas of Scioto County, the rule upon which the trial court based the dismissal, provides as follows:

“Failure of counsel to appear at the conference to comply…