Smiley v. Prison Official, Inc., 2014 Ohio 1100

Smiley, an inmate, paid $51.95 to Prison Official, Inc. for a list of penpals, but many letters were returned as undeliverable.
Smiley filed a small claims action for breach of contract in Chillicothe Municipal Court in July 2013.
The court issued trial notices; Smiley failed to appear; magistrate recommended dismissal without prejudice for failure to prosecute.
Smiley moved to reconsider, arguing lack of service notice and that incarceration required alternative appearance methods.
The trial court treated the motion as an objection, overruled it, and adopted the magistrate’s decision to dismiss without prejudice for failure to prosecute.
Smiley appealed, but the appellate court dismissed for lack of a final, appealable order because the dismissal was without prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the dismissal without prejudice is a final order	Smiley	Prison Official	Yes; the order is not final or appealable; appeal dismissed for lack of jurisdiction.

Cheap Escape Co., Inc. v. Haddox, L.L.C., 120 Ohio St.3d 493 (Ohio 2008-Ohio-6323) (court lacks subject-matter jurisdiction unless final order)
State ex rel. Dunlap v. Sarko, 135 Ohio St.3d 171 (Ohio 2013-Ohio-67) (statutory finality and appellate review standards)
Natl. City Commercial Capital Corp. v. AAAA At Your Service, Inc., 114 Ohio St.3d 82 (Ohio 2007-Ohio-2942) (dismissals without prejudice generally not final orders)
Isreal v. G-Core Automotive Corp., 2013-Ohio-4461 (10th Dist. Franklin No. 13AP-201) (unappealed/uncertified finality considerations)
Davis v. Paige, 2008-Ohio-6415 (5th Dist. Stark No. 2007 CA 00248) (refiling allowed when statute of limitations remains)
Ebbets Partners, Ltd. v. Day, 171 Ohio App.3d 20 (2007-Ohio-1667) (dismissals without prejudice effect on merits)
State ex rel. Fifth Third Mtge. Co. v. Russo, 129 Ohio St.3d 250 (Ohio 2011-Ohio-3177) (dismissal without prejudice terminates further action)