Opinion
No. 2006-0235.
June 21, 2006.
Cuyahoga App. No. 86009, 2005-Ohio-6632. Reported at 109 Ohio St.3d 1420, 2006-Ohio-1967, 846 N.E.2d 531. On motion for reconsideration.
RECONSIDERATION OF PRIOR DECISIONS
Motion for reconsideration granted to the following extent:
The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed January 9, 2006:
"Whether the double dismissal rule contained in Rule 41(A) of the Ohio Rules of Civil Procedure applies to plaintiffs voluntary dismissal of claims pursuant to Rule 41(A)(2) of the Ohio Rules of Civil Procedure."
PFEIFER, J., dissents.
The conflict case is Van Beusecum v. Continental Builders, Delaware App. No. 04-CAE-01-008, 2004-Ohio-7261.
Sua sponte, cause consolidated with 2006-0310, Olynyk v. Andrish, Cuyahoga App. No. 86009, 2005-Ohio-6632.