Construction Materials v. Air Supply Fab., Unpublished Decision (3-18-1999)

OPINION

This cause came on to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.App.R. 25, the record from the Cuyahoga County Court of Common Pleas, plaintiff-appellant's brief and oral argument. Construction Materials, Inc., plaintiff-appellant, appeals from the judgment of the Cuyahoga county court of Common Pleas, General Division, Case No. CV-316956, in which the trial court dismissed plaintiff-appellant's case with prejudice pursuant to Civ.R. 41(B)(1). Plaintiff-appellant assigns two errors for this court's review.

Plaintiff-appellant's appeal is well taken.

On…