2011-Ohio-2420, 947 N.E.2d 682
No. 2011-0438.Supreme Court of Ohio.
May 25, 2011.
Motion and Procedural Rulings.
Certified Question of State Law, United States District Court, Southern District of Ohio, Western Division, Case No. 1:10-CV-679. On review of preliminary memoranda pursuant to S.Ct.Prac. R. 18.6. The court will answer the following question:
“Where a jury has been empaneled and sworn and the trial has commenced for purposes of Ohio Civ. R. 41(A)(1)(a), and the trial court subsequently declares a mistrial, does Civ. R. 41(A)(1)(a) permit the plaintiff to unilaterally voluntarily dismiss his or her claims without prejudice?”
O’Donnell, J., dissents.