PEMBAUR v. LEIS

Nos. 81-1083 and 81-1169.

1 Ohio St. 3d 89 (1982)

PEMBAUR, APPELLEE, v. LEIS, PROS. ATTY., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 21, 1982.


Attorney(s) appearing for the Case

Mr. William Flax, for appellee.

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. Leonard Kirschnerand Mr. Robert W. Worth, for appellants Leis, Whalen and Jackson.

Mr. William J. Brown, attorney general, and Mr. Howard D. Silver,for appellants Heavrin, Sharp, Ferguson, Robinson and Nelson.


CELEBREZZE, C.J.

A trial court may dismiss an action when a plaintiff fails to prosecute under Civ. R. 41(B)(1) which provides that:

"Where the plaintiff fails to prosecute, or comply with these rules or any court order, the court upon motion of a defendant or on its own motion may, after notice to the plaintiff's counsel, dismiss an action or claim."

The language clearly indicates that a failure to prosecute is a ground for dismissal. Pursuant to...

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