Rhynehardt v. Sears Logistics Services

Strausbaugh, Judge.

Appellant, Sears Logistics Services, appeals a judgment from the Franklin County Court of Common Pleas finding that appellee, Annetta Rhynehardt, had the right to dismiss her complaint pursuant to Civ.R. 41(A), and consequently denying appellant’s motion for default judgment. On appeal, appellant asserts the following assignment of error:

“The trial court erred by allowing appellee to dismiss her employer’s appeal by use of Ohio Civil Rule 41(A).”

R.C. 4123.519 (current version at R.C. 4123.512) gives the claimant or the employer the right to appeal a decision of the…