Beil v. Key Bank, 2007-L-193 (12-28-2007)

MEMORANDUM OPINION

{¶ 1} On November 19, 2007, appellant, James F. Beil, pro se, filed a notice of appeal from an August 30, 2007 judgment entry of the Lake County Court of Common Pleas. In that entry, the trial court ordered that appellant's complaint was dismissed without prejudice pursuant to Civ.R. 41(B)(1) for want of prosecution.

{¶ 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." Here, the trial court specified that the action was dismissed without prejudice.…