Beckner v. Stover

During oral argument on the merits of this appeal, both parties agreed that the sole question to be determined is whether a plaintiff’s voluntary dismissal without prejudice of his cause in response to any adverse ruling of the trial court may be classified as a failure otherwise than upon the merits within the meaning of Section 2305.19, Revised Code. The pertinent portions of that section provide:

“In an action commenced, * * * if the plaintiff fails otherwise than upon the merits, and the time limited for the commencement of such action at the date of * * * failure has expired, the…