2007-Ohio-4884
No. 2007-1345.Supreme Court of Ohio.
September 26, 2007.
Cuyahoga App. No. 88556, 2007-Ohio-3081.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed June 26, 2007:
“In a case where a plaintiff has asserted multiple claims against a single defendant and some of
Page 1407
those claims have been ruled upon but not converted into a final order with Civ.R. 54(B), can the plaintiff create a final order by voluntarily dismissing pursuant to Civ.R. 41(A) the remaining claims asserted against that defendant.”
PFEIFER, O’CONNOR, and O’DONNELL, JJ., dissent.
The conflict case is Borchers v. Winzeler Excavating Co. (Apr. 10, 1992), Montgomery App. No. 13297.