Gitlin v. Plain Dealer Publishing Co.

{¶ 20} I concur with the majority opinion, but write separately to clarify the law pertaining to the application of R.C. 2323.51 to a motion for sanctions filed after a case has been voluntarily dismissed.

{¶ 21} In Soler v. Evans, St Clair & Kelsey (2002), 94 Ohio St.3d 432, 763 N.E.2d 1169, although the Supreme Court of Ohio stated that the word “judgment” as used in R.C. 2323.51 means “final appealable order,” it used this phrase in the context of a voluntary dismissal. In that case, the plaintiff voluntarily dismissed her action after various defendants were granted summary judgment. The…