Opinion
No. 2010-1903.
Submitted March 23, 2011.
Decided March 31, 2011.
APPEAL from the Court of Appeals for Cuyahoga County, Nos. 95431 and 95498, 2010-Ohio-4903.
Gregory Smith DeDonno, pro se.
William D. Mason, Cuyahoga County Prosecuting Attorney, and Charles E. Hannan, Assistant Prosecuting Attorney, for appellee.
{¶ 1} We affirm the judgment of the court of appeals denying appellant Gregory Smith DeDonno's request for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Lance T. Mason, to issue a final, appealable order in a civil case instituted by DeDonno.
{¶ 2} Judge Mason acted within his discretion to dismiss the case because of DeDonno's failure to comply with a court order. See Civ. R. 41(B)(1). The action was dismissed without prejudice, which, by rule, is not a final, appealable order. See Civ. R. 41(B)(3). "Ordinarily, a dismissal `other than on the merits' does not prevent a party from refiling and, therefore, ordinarily, such a dismissal is not a final, appealable order." Nat'l. City Commercial Capital Corp. v. AAAA At Your Service, Inc., 114 Ohio St.3d 82, 2007-Ohio-2942, 868 N.E.2d 663, ¶ 8. Extraordinary relief in mandamus is thus not available.
Judgment affirmed.
O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.