RHYNEHARDT v. SEARS LOGISTICS SERVICES

No. 94APE08-1265.

103 Ohio App.3d 327 (1995)

RHYNEHARDT, Appellee, v. SEARS LOGISTICS SERVICES, Appellant; Industrial Commission of Ohio, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided May 9, 1995.


Attorney(s) appearing for the Case

Philip J. Fulton & Associates and Corrine S. Carman, for appellee Annetta Rhynehardt.

Gibson & Robbins-Penniman and J. Miles Gibson, for appellant.

Betty D. Montgomery, Attorney General, and Dennis L. Hufstader, Assistant Attorney General, for appellee Industrial Commission of Ohio.


STRAUSBAUGH, Judge.

Appellant, Sears Logistics Services, appeals a judgment from the Franklin County Court of Common Pleas finding that appellee, Annetta Rhynehardt, had the right to dismiss her complaint pursuant to Civ.R. 41(A), and consequently denying appellant's motion for default judgment. On appeal, appellant asserts the following assignment of error:

"The trial court erred by allowing appellee to dismiss...

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