Hamrick v. Ramalia
2012 Ohio 1953
Ohio Ct. App.2012Background
- Hamrick and Ramalia collided on June 14, 2004.
- Hamrick filed Hamrick I in 2006; it was dismissed without prejudice by stipulation in 2008.
- Hamrick II was refiled on June 28, 2009 and voluntarily dismissed on June 7, 2010.
- Hamrick III was refiled on June 5, 2011 after the previous dismissals.
- Ramalia moved to dismiss Hamrick III as time-barred; the trial court dismissed with prejudice on Sept. 7, 2011.
- This appeal challenges the dismissal with prejudice under Civ.R. 41 and R.C. 2305.19 (Savings Statute).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal with prejudice was proper. | Hamrick asserts no abuse of discretion in dismissal. | Ramalia contends Savins Statute and Civ.R. 41 require dismissal with prejudice given time-barred refiling. | Affirmed; dismissal with prejudice upheld. |
Key Cases Cited
- Olynyk v. Scoles, 114 Ohio St.3d 56 (2007-Ohio-2878) (explains Civ.R. 41 dismissal mechanics and the 'double dismissal' rule)
- Thomas v. Freeman, 79 Ohio St.3d 221 (1997-Ohio-395) (savings statute can be used only once)
- Graf v. Cirino, 8th Dist. No. 96011 (2011-Ohio-3473) (savings statute allows re-filing within one year after failure)
- Conway v. RPM, Inc., 8th Dist. No. 88024 (2007-Ohio-1007) (savings statute application and multiple-refiling limits)
- Duncan v. Stephens, 8th Dist. No. 83238 (2004-Ohio-2402) (limits on applying savings statute)
- Wolfe v. Priano, 5th Dist. No.2008-CA-8 (2009-Ohio-2208) (savings statute tolls and timing considerations)
- Brubaker v. Ross, 10th Dist. No. 01-AP-1431 (2002-Ohio-4396) (statutory timing in savings statute context)