Williams v. Thamann

Mark P. Painter, Presiding Judge.

{¶ 1} Plaintiff-appellant, Charles Williams, appeals the trial court’s judgment dismissing with prejudice his case against defendants-appellees. We reverse in part.

{¶ 2} Williams filed his first complaint on October, 4, 2005. In May 2006, he voluntarily dismissed the case without prejudice under Civ.R. 41(A)(1)(a). When Williams refiled the case one month later, the trial court entered an order under Civ.R. 41(B)(1) dismissing both the original case and the refiled case with prejudice. The original case was dismissed for failure to prosecute, and the refiled…