Mihalcin v. Hocking College, Unpublished Decision (3-20-2000)

DECISION AND JUDGMENT ENTRY

R.C. 2305.19, also known as the "savings statute," enables a plaintiff to re-file an otherwise time-barred action within one year after a dismissal without prejudice. Appellant John D. Mihalcin, II, invoked R.C. 2305.19 to re-file a previously-dismissed complaint. He later dismissed the re-filed complaint voluntarily, without prejudice, nearly two years after the statute of limitations expired. The appellant re-filed the action yet a third time, attempting to invoke the savings statute again. The issue in this case is whether the appellant may use the savings…