National City Commercial Capital Corp. v. AAAA At Your Service, Inc.

{¶ 1} The Twelfth District Court of Appeals certified this case as a conflict pursuant to Section 3(B)(4), Article IV of the Ohio Constitution and App.R. 25. It found its judgment to be in conflict with the judgment of the Eighth District Court of Appeals in Preferred Capital, Inc. v. Strellec, 161 Ohio App.3d 346, 2005-Ohio-2607, 830 N.E.2d 403. The certified question is “[wjhether a dismissal other than on the merits which prevents re-filing in the trial court is a final, appealable order.” For the reasons that follow, we conclude that such a dismissal is a final, appealable order.

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