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The State Bank and Trust Co. v. Smith

Court of Appeals of Ohio, Sixth District, Williams

December 20, 2019

The State Bank and Trust Company Appellant
v.
Carly L. Smith Appellee

          Trial Court No. CVI1900103

          Kevin J. Whitlock and Kayla A. Baker, for appellant.

          DECISION AND JUDGMENT

          OSOWIK, J.

         {¶ 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 reconsideration ...


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