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SISK & ASSOC., INC. v. COMMT. TO ELECT TIMOTHY GRENDELL

No. 2008-1265.

123 Ohio St.3d 447 (2009)

2009-Ohio-5591

SISK & ASSOCIATES, INC., Appellee, v. COMMITTEE TO ELECT TIMOTHY GRENDELL, Appellant, et al.

Supreme Court of Ohio.

Decided October 29, 2009.

Attorney(s) appearing for the Case

Christensen, Christensen, Donchatz, Kettlewell & Owens, L.L.P., and Timothy J. Owens, for appellee.

Grendell & Simon Co., L.P.A., and Timothy J. Grendell; and Buckingham, Doolittle & Burroughs, L.L.P., John P. Slagter, and Anthony R. Vacanti, for appellant.

PFEIFER, J.

{¶ 1} The issue in this case is whether the trial court's dismissal of a second complaint constituted a dismissal with or without prejudice. We conclude that it was a dismissal with prejudice.

Background and Procedural History

{¶ 2} Appellee, Sisk & Associates, Inc. ("Sisk"), filed a complaint for breach of contract against appellant, the Committee to Elect Timothy Grendell ("committee...

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