Board of Health v. City of St. Bernard

Section 2323.05, Revised Code, in pertinent part, reads:

“An action may be dismissed without prejudice to a future action:

“(A) By the plaintiff, before its final submission to the jury, or to the court, when trial is by the court, * *

After the demurrer to relators’ petition was sustained by the Court of Appeals, and relators given the right to plead further, the statutory right of relators to dismiss without prejudice was absolute. Therefore, the Court of Appeals should have approved the entry of dismissal without prejudice which was tendered on November 13, 1968. -j

In McGatrick v. Wason, 4…