MUZE v. MAYFIELD

No. 90-1985.

61 Ohio St.3d 173 (1991)

MUZE, APPELLEE, v. MAYFIELD, ADMR., ET AL.; YOUGHIOGHENY & OHIO COAL COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 24, 1991.


Attorney(s) appearing for the Case

Jerry L. Riseling, for appellee.

Hanlon, Duff & Paleudis Co., L.P.A., and John G. Paleudis, for appellant.


MOYER, C.J.

The issue presented for our review is whether payment of costs of a previously dismissed action under Civ.R. 41(D) includes attorney fees. For the reasons that follow, we hold that attorney fees are not costs of a previously dismissed action.

Civ. R. 41(D) reads as follows:

"If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make...

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