Bridge v. Morley
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[Cite as Bridge v. Morley, 2008-Ohio-1898.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO WILLIAM W. BRIDGE III, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2008-G-2823 - vs - : CHRISTOPHER MORLEY, et al., Defendants-Appellees, (JOHN PUNTEL, Appellant). : : : Civil Appeal from the Chardon Municipal Court, Case No. 2007 CVH 00114. Judgment: Appeal dismissed. William W. Bridge, III, pro se, P.O. Box 26, Novelty, OH 44072 (Plaintiff-Appellee). Robert E. Zulandt, Jr., Zulandt & Smalheer, 114 East Park Street, Chardon, OH 44024 (For Defendants-Appellees, Christopher Morley and Linda S. Owen). Dana Farthing, 137 Clough Street, P.O. Box 1284, Bowling Green, OH 43402 (For Defendant-Appellee, Sky Bank). John Puntel, pro se, 974 Lake Run Circle, Westerville, OH 43081 (Appellant). MARY JANE TRAPP, J., {¶1} On March 27, 2008, appellant, John Puntel, filed a notice of appeal from a March 7, 2008 judgment entry of the Chardon Municipal Court. {¶2} In the March 7, 2008 entry, the magistrate denied appellant s motion to quash subpoena. It is from that entry that appellant filed his notice of appeal. {¶3} Subsequently, on April 1, 2008, the record reveals that plaintiff-appellee, William W. Bridge, III, filed a notice of dismissal without prejudice pursuant to Civ.R. 41(A)(1)(a) with the trial court. {¶4} Since dismissals under Civ.R. 41(A)(1)(a) are self-executing and are fully and completely effectuated upon the filing of a notice of voluntary dismissal by plaintiff, the filing of the notice of dismissal automatically terminates the case without intervention by the court. Selker & Furber v. Brightman (2000), 138 Ohio App.3d 710, 714. {¶5} In Wilson v. Vaccariello, 11th Dist. No. 2007-L-046, 2007-Ohio-2688, at ¶7-8, this court recently stated: {¶6} In Gruenspan v. Thompson (Oct 12, 2000), 8th Dist. No. 77276, 2000 Ohio App. LEXIS 4783, 2000 WL 1514357, at 2, the Eighth Appellate District stated: {¶7} A voluntary dismissal by a plaintiff operates to nullify the claims brought against the dismissed party and leaves the parties as if the action was never filed. ***, citing Denham v. New Carlisle (1999), 86 Ohio St.3d 594, 596 ***. {¶8} In the case at bar, on March 7, 2008, the magistrate denied appellant s motion to quash subpoena. Thereafter, on March 27, 2008, appellant filed a notice of appeal. Subsequently, on April 1, 2008, plaintiff-appellee filed a notice of dismissal without prejudice pursuant to Civ.R. 41(A)(1)(a). Specifically, plaintiff-appellee s notice of dismissal stated that: {¶9} Plaintiff, William W. Bridge III, hereby gives notice of dismissal of this matter WITHOUT PREJUDICE, pursuant to Ohio Rules of Civil Procedure, Rule 41(A),(1),(a). (sic.) 2 {¶10} Based on the foregoing language contained in the notice of dismissal, plaintiff-appellee voluntarily dismissed this matter. Therefore, because plaintiff- appellee dismissed his entire case pursuant to Civ.R. 41(A)(1)(a) in the trial court, this court lacks jurisdiction to consider the appeal. {¶11} Accordingly, this appeal is dismissed, sua sponte, due to lack of jurisdiction. {¶12} Appeal dismissed. CYNTHIA WESTCOTT RICE, J., COLLEEN MARY O TOOLE, J., concur. 3
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