Dlouhy v. Frymier

Cook, Presiding Judge.

Lawrence D. Dlouhy (“Dlouhy”) appeals from the trial court’s rescission of the land installment contract he had with Bacil and Patricia Frymier (“Frymiers”) and from the trial court’s dismissal of his appeal of the ancillary arbitration award in the case. We conclude that the rescission is supportable based on principles of contractual misrepresentation. Further, we conclude that the trial court erred by dismissing other pending issues in the case without the notice required by Civ.R. 41(B)(1).

FACTS

In 1988, the Frymiers listed their farm for sale in order to enable them…