State ex rel. DeDonno v. Mason

{¶ 1} We affirm the judgment of the court of appeals denying appellant Gregory Smith DeDonno’s request for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Lance T. Mason, to issue a final, appealable order in a civil case instituted by DeDonno.

{¶ 2} Judge Mason acted within his discretion to dismiss the case because of DeDonno’s failure to comply with a court order. See Civ.R. 41(B)(1). The action was dismissed without prejudice, which, by rule, is not a final, appealable order. See Civ.R. 41(B)(3). “Ordinarily, a dismissal ‘other than on the merits’ does…