Arner v. Andover Bank, 2008-A-0056 (11-3-2008)

MEMORANDUM OPINION

{¶ 1} On September 10, 2008, plaintiff-appellant, Samuel Bates Arner, pro se, filed a notice of appeal from a February 10, 2004 judgment entry of the Ashtabula County Court of Common Pleas. In that entry, the trial court ordered that "pursuant to Plaintiff's request, this matter is dismissed without prejudice."

{¶ 2} Pursuant to Civ. R. 41(B)(3), a dismissal under Civ. R. 41(B)(1) "operates as an adjudication upon the merits unless the court, in its order for dismissal, otherwise specifies." In general, a dismissal without prejudice constitutes "an adjudication otherwise than…