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TROYER v. JANIS

No. 2011-1162.

132 Ohio St.3d 229 (2012)

2012-Ohio-2406

TROYER ET AL., Appellants, v. JANIS, Appellee.

Supreme Court of Ohio.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Leeseberg & Valentine, Anne M. Valentine , and Susie L. Hahn , for appellants.

Lane, Alton & Horst, L.L.C., Gregory D. Rankin , and Ray S. Pantle , for appellee.

LUNDBERG STRATTON, J.

{¶ 1} We are asked to determine whether dismissal of a complaint for failure to file an affidavit of merit as required by Civ.R. 10(D)(2) results in a dismissal without prejudice by operation of law. For the reasons that follow, we hold that it does. Consequently, we reverse the judgment of the court of appeals and remand to the trial court for further proceedings in accordance with our opinion.

Procedural...

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