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SAZIMA v. CHALKO

No. 98-1510.

86 Ohio St.3d 151 (1999)

SAZIMA, APPELLANT, v. CHALKO, APPELLEE.

Supreme Court of Ohio.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Ellen M. McCarthy, David M. Paris and Kathleen J. St. John, for appellant.

Gallagher, Sharp, Fulton & Norman, Timothy T. Brick and Timothy P. Whitford, for appellee.

ALICE ROBIE RESNICK, J.

The sole issue presented is whether the trial court abused its discretion in dismissing the action with prejudice for appellant's unexplained failure to timely comply with its March 5, 1997 order for a more definite statement. For the following reasons, we hold that the trial court abused its discretion.

Civ.R. 12(E) provides:

"If a pleading to which a responsive pleading is permitted is so vague or ambiguous that...

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