Legal Opinion

Olynyk v. Scoles

Ohio Supreme Court

Decided June 27, 2007No. Nos. 2006-0235 and 2006-0310PublishedCited by 36 opinions

1Opinion of the CourtO’Connor, J.

{¶ 1} This appeal requires us to construe the “double-dismissal rule” of Civ.R. 41(A)(1). For the reasons that follow, we hold that the double-dismissal rule is *57not implicated in the circumstances of this case, and we affirm the judgment of the court of appeals.

Relevant Background

{¶ 2} In January 1997, plaintiff-appellee, Sarah Anastasia Olynyk, who was at that time a minor, filed, by and through her parents, a medical-negligence complaint in the Court of Common Pleas for Cuyahoga County against a number of defendants. In October 1997, Olynyk and her parents moved the trial court to dismiss…

2Cases cited10 opinions

  1. Frysinger v. LeechOhio Supreme Court · 1987
  2. Poloron Products, Inc. (With Substitution Applied for by Dynamark Corporation, Assignee) v. Lybrand Ross Bros. & Montgomery, and Third-Party v. Poloron Products of Indiana, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1976
  3. Chadwick v. Barba Lou, Inc.Ohio Supreme Court · 1982
  4. EMC Mortgage Corp. v. JenkinsOhio Court of Appeals · 2005
  5. Graham v. PavariniOhio Court of Appeals · 1983

5 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. U.S. Bank National Ass'n v. GullottaOhio Supreme Court · 2008
  2. State ex rel. Jackson v. Ohio Adult Parole Auth. (Slip Opinion)Ohio Supreme Court · 2014
  3. State Ex Rel. Dillard Department Stores v. RyanOhio Supreme Court · 2009
  4. Sisk & Assoc., Inc. v. Commt. to Elect Timothy GrendellOhio Supreme Court · 2009
  5. Martin v. WegmanOhio Court of Appeals · 2019

31 more not listed; retrieve them via the Exa API.

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