Court of Appeals of Ohio, Sixth District, Williams
Court No. CVI1900103
J. Whitlock and Kayla A. Baker, for appellant.
DECISION AND JUDGMENT
1} This is an appeal from a March 25, 2019 judgment
of the Bryan Municipal Court dismissing a small claims
complaint with prejudice.
2} In this case, on January 22, 2019, appellant, The
State Bank and Trust Company, filed a small claim petition
against the appellee, Carly L. Smith, in the Bryan Municipal
Court, Small Claims Division.
3} The petition sought the sum of $1, 078.38 from
appellee upon a delinquent account in addition to fees, court
costs and costs of the action.
4} On January 25, 2019, the clerk mailed a summons
to the parties to appear for a hearing on March 25, 2019.
5} When the case was called, the following occurred:
THE COURT: Are you ready to proceed?
PLAINTIFF'S ATTORNEY: Your Honor, I do not have a client
present. So if this Court would allow a continuance, or we
can dismiss and re-file, whichever you prefer.
THE COURT: The case will be dismissed. They know to be here.
Case is dismissed.
PLAINTIFF'S ATTORNEY: Without prejudice, Your Honor?
THE COURT: Well, from - - well, no. They're here. So,
yeah, it's with prejudice. We're done. If they
can't be here, then we're done.
6} Procedurally, appellant filed a motion for