PEROTTI v. FERGUSON

No. 82-1672.

7 Ohio St. 3d 1 (1983)

PEROTTI, APPELLANT, v. FERGUSON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 26, 1983.


Attorney(s) appearing for the Case

Messrs. Teaford, Rich & Dorsey and Mr. Matthew T. Fitzsimmons, for appellant.

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. Mark G. Bonaventura and Mr. Michael A. Moses, for appellees.


WILLIAM B. BROWN, J.

The basic issue presented is whether the trial court's dismissal of appellant's cause of action for failure to attend a pre-trial conference in accordance with a local court rule was proper. For the reasons that follow, this court holds that the dismissal herein was improper because the trial court did not give appellant notice prior to the dismissal of his case as required by Civ. R. 41(B)(1).

Local Rule VII4(h) of the Court of Common...

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