Heard v. Sharp

I agree with the majority that the trial court properly denied the requested continuance and properly dismissed the plaintiff’s case. However, I believe that the court exceeded its authority by dismissing the case with prejudice.

The record fails to show that the plaintiffs absence was so negligent, irresponsible, contumacious or dilatory as to justify a dismissal with prejudice. Cf. Schreiner v. Karson (1977), 52 Ohio App. 2d 219, 223, 6 O.O. 3d 237, 239, 369 N.E. 2d 800, 803. The court abused its discretion when the record does not show that the failure to appear was willful or in bad faith.…