Hancock v. Kroger Co.

Close, Judge.

Plaintiff-appellant, Helen Hancock, appeals from an entry of dismissal filed by the Franklin County Court of Common Pleas, in favor of defendant-appellee, the Kroger Company. She brings the following assignments of error:

“ASSIGNMENT OF ERROR NO. 1.

“The Court of Common Pleas erred in holding that the ‘double dismissal’ rule, sometimes called the ‘two dismissal’ rule, of Civil Rule 41(A)(1), precluded Plaintiff-Appellant from maintaining her present action. * * *

“ASSIGNMENT OF ERROR NO. 2.

“For notices of dismissal to operate as an adjudication upon the merits, both dismissals must…