Real Estate Law
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Ohio Rules of Civil Procedure 41 states:
(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.
The defendant could file a motion to dismiss the case for the plaintiff's failure to prosecute the action. If the case is then filed again later by the bank, the plaintiff could then file a motion to dismiss under the doctrine of res judicata, if the first case was dismissed with prejudice.
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