HOLMES, J.
The findings of the courts below were that Civ. R. 41(A)(1) was a voluntary dismissal upon the merits and also that the prima facie tort is not a recognized cause of action within Ohio's courts. We now reverse in part and affirm in part.
I
It has been consistently admitted by the parties that the central issue under Civ. R. 41(A)(1) is whether a voluntary and unilateral dismissal by the plaintiffs is a failure by plaintiffs "otherwise...
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