ZIMMIE v. ZIMMIE

No. 83-580.

11 Ohio St. 3d 94 (1984)

ZIMMIE, APPELLANT AND CROSS-APPELLEE, v. ZIMMIE, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 13, 1984.


Attorney(s) appearing for the Case

Schwarzwald, Robiner, Wolf & Rock Co., L.P.A., Mr. Marshall J. Wolf, Ms. Ilana Horowitz, Messrs. Schiller, DuCanto & Fleck and Mr. Joseph DuCanto, for appellant and cross-appellee.

Gold, Rotatori, Schwartz & Gibbons Co., L.P.A., Mr. Gerald S. Gold, Mr. Niki Z. Schwartz and Ms. Susan L. Gragel, for appellee and cross-appellant.


CLIFFORD F. BROWN, J.

Six propositions of law have been presented by this appeal and cross-appeal.

I

The first issue raised in this cause is whether the trial court erred in its reinstatement of defendant's counterclaim after its voluntary dismissal.

It is axiomatic that such dismissal deprives the trial court of jurisdiction over the matter dismissed. After its voluntary dismissal, an action is treated as if it had never been commenced....

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