Welcome to The Briefcase

Commentary and analysis of Ohio criminal law and whatever else comes to mind, served with a dash of snark.  Continue Reading »

×

May 23, 2006

A reminder by the court in Olynyk v. Andrish that you can voluntarily dismiss a case more than once, if you're careful.  Rule 41(A) actually provides three means of dismissing your case:  by simple notice by the plaintiff, under 41(A)(1)(a), by stipulation of the parties, under 41(A)(1)(b), or by order of court, under 41(A)(2).  Without getting into the procedural history in Olynyk, which is as confusing as the DHARMA Initiative's orientation film on Lost, the plaintiff had requested the court to dismiss the case once, and then later filed a notice dismissal.  The trial court entered an order treating this as a dismissal with prejudice.  Judge Gallagher's opinion in Olynyk contains a thorough review of Ohio law showing that the "double dismissal" rule applies only to notice dismissals under 41(A)(1)(a).  Judge McMonagle, in her concurring opinion, also notes correctly that the trial court had no authority to enter its order after the dismissal; once the notice of dismissal is filed, the trial court loses jurisdiction.

Search

Recent Entries

  • May 22, 2017
    Case Update
    Is SCOTUS looking for a forfeiture case? Plus, appellate decisions on expungement and restitution, plain error, and what a judge has to tell a defendant about sex registration
  • May 19, 2017
    What's Up in the 8th - Part II
    Decisions on lineups and prior calculation and design, and two out of eight (eight!) pro se defendants come up winners,
  • May 17, 2017
    What's Up in the 8th - Part I
    Taking a first look at some of the 8th District's decisions over the past two weeks
  • May 16, 2017
    Case Update
    Stock tips, Federal sentencing reform goes dormant, schoolbag searches, and the retroactivity of State v. Hand
  • May 8, 2017
    Case Update
    Death in Arkansas, a worrisome disciplinary decision, and appellate cases on speedy trial, arson registration, use of prior testimony, and the futility of post-conviction relief
  • May 2, 2017
    What's Up in the 8th
    Nothing but sex
  • May 1, 2017
    Case Update
    SCOTUS closes out oral argument for the Term, the Ohio Supreme Court has seven of them this week, and we report on a decision where you'll probably want to play Paul Simon's "Still Crazy After All These Years" in the background while you read about it
  • April 26, 2017
    MIA
    Like Mark Twain, rumors of my demise have been greatly exaggerated. Except I am pretty sure he's actually dead, while I am not, and for that matter, nobody's spreading rumors that I am. Great lead, huh? The nice thing about...
  • April 20, 2017
    The Supreme Court takes a look at the trial tax
    And you thought this was the week you only had to worry about income taxes
  • April 18, 2017
    What's Up in the 8th
    Remembering Warren Zevon, and the Fourth Amendment lives