Hillabrand v. Drypers Corp.

Francis E. Sweeney, Sr., J.

Hillabrand argues in this case that the trial court prematurely granted appellee’s Civ.R. 37 motion for sanctions, dismissing his case with prejudice, without allowing him sufficient time to contest the motion. We agree and therefore reverse the judgment of the court of appeals.

Civ.R. 41(B)(1) permits a trial court to dismiss an action for failure to comply with a court order, but only after notice to plaintiffs counsel. This court has held that a dismissal with prejudice is proper only “when counsel has been informed that dismissal is a possibility and has had a…