INDUS. RISK INSURERS v. LORENZ EQUIP. CO.

No. 93-281.

69 Ohio St.3d 576 (1994)

INDUSTRIAL RISK INSURERS, APPELLEE, v. LORENZ EQUIPMENT COMPANY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 20, 1994.


Attorney(s) appearing for the Case

Arter & Hodden, Anthony J. Damelio, Jr., Michael J. Bertsch and Edward S. Jerse, for appellee.

Vorys, Sater, Seymour & Pease, Edgar A. Strause and James H. Hedden, for appellant Dresser Industries, Inc.

Freund, Freeze & Arnold and Stephen C. Findley, for appellant Lorenz Equipment Co.


MOYER, C.J.

This case presents the question whether a trial court, when ruling on a Civ.R. 41(B)(1) motion to dismiss for want of prosecution in an action that has been refiled after a voluntary dismissal per Civ.R. 41(A)(1)(a), may consider the dilatory conduct of the nonmoving party in the previously filed action. For the reasons that follow, we answer this question in the affirmative.

Civ.R. 41(A)(1) states in part, "an action may be dismissed by the plaintiff...

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