Legal Opinion
Troyer v. Janis
Ohio Supreme Court
Decided June 5, 2012No. 2011-1162PublishedCited by 31 opinions
1Opinion of the CourtLundberg Stratton, J.
{¶ 1} We are asked to determine whether dismissal of a complaint for failure to file an affidavit of merit as required by Civ.R. 10(D)(2) results in a dismissal without prejudice by operation of law. For the reasons that follow, we hold that it does. Consequently, we reverse the judgment of the court of appeals and remand to the trial court for further proceedings in accordance with our opinion.
Procedural History
{¶ 2} On December 9, 2009, appellants, Donald and Tamara Troyer, filed a medical-malpractice complaint in the Franklin County Court of Common Pleas against appellee, Leonard J. Janis.…
2Cases cited2 opinions
- Smith v. McBrideOhio Supreme Court · 2011
- Fletcher v. University HospitalsOhio Supreme Court · 2008
3Cited by31 opinions
- State ex rel. Clay v. Cuyahoga Cty. Med. Examiner's Office (Slip Opinion)Ohio Supreme Court · 2017
- Marusa v. Erie InsuranceOhio Supreme Court · 2013
- State Ex Rel. Anderson v. City of VermilionOhio Supreme Court · 2012
- Ray v. Wal-Mart Stores, Inc.Ohio Court of Appeals · 2013
- State ex rel. Marsh v. Tibbals (Slip Opinion)Ohio Supreme Court · 2017
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