Background

• Kinasz, personal representative of Justyna Kinasz’s estate, appeals a trial court’s dismissal with prejudice of her pro se medical malpractice complaint against Southwest General.
• Trial court dismissed for unauthorized practice of law under R.C. 4705.01, ruling a non-attorney cannot represent an estate pro se.
• Kinasz previously filed and dismissed a related action; she refiled pro se on May 21, 2013.
• Southwest General moved to dismiss under Civ.R. 12(B)(6) for failure to state a claim; it sought dismissal without prejudice for lack of representation.
• The trial court granted the dismissal with prejudice, holding that the estate could not be represented pro se and that ample time to obtain counsel had passed.
• The court concluded Civ.R. 12(B)(6) does not require Civ.R. 41(B)(1) notice, but the court should have dismissed without prejudice; it lacked Civ.R. 54(B) language but jurisdiction to review persisted because the judgment disposed of all claims.

Issues

Key Cases Cited

• Williams v. Griffith, 2009-Ohio-4045 (Ohio) (estate representation limits; pro se wrongful-death claims not permitted)
• Sheridan Mobile Village, Inc. v. Larsen, 78 Ohio App.3d 203 (4th Dist. 1992) (non-attorney representation and dismissal without prejudice)
• Williams v. Global Constr. Co., Ltd., 26 Ohio App.3d 119 (10th Dist. 1985) (non-attorney representation and dismissal without prejudice rule)
• Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (finality of judgments under Civ.R. 54(B) not required where mootness disposes remaining claims)
• FirstEnergy Corp. v. Cleveland, 182 Ohio App.3d 357 (8th Dist. 2009) (jurisdiction to review final, appealable orders and finality considerations)