Troyer v. JanisAnnotate this Case
Appellants, Donald and Tamara Troyer, filed a medical-malpractice complaint against Appellee, Leonard Janis. In response, Appellee filed a motion for summary judgment in which he alleged that the claims asserted against him in the complaint had already been filed and dismissed in a previous action and were now barred by the doctrine of res judicata. In support of his motion, Janis attached a copy of the complaint in the prior case, the trial court's decision granting his motion to dismiss for failure to file an affidavit of merit, and the court's judgment of entry. The trial court granted summary judgment for Janis, and the court of appeals affirmed. The Supreme Court reversed, holding that a dismissal of a complaint for failure to attach the affidavit of merit is an adjudication otherwise than on the merits and is a dismissal without prejudice by operation of law. Remanded.