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CV-2019-01-0254 BAKER ROSS, SUSAN 12/19/2019 17:24:29 PM NNOP Page 1 of 4
CA-29618 Appeals, Court of 12/19/2019 17:24:29 PM NOAP Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
NORDONIA LANDSCAPE SUPPLIERS, LLC ) CASE NO. CV 2019-01-0254
)
Plaintiff – Appellant, )
) JUDGE BAKER ROSS
vs. )
) NOTICE OF APPEAL
CITY OF AKRON, OHIO )
)
Defendant - Appellee. )
Now come Nordonia Landscape Suppliers, LLC, through counsel, who appeal the
Judgment Entry of this Court issued November 26, 2019 attached hereto.
Respectfully Submitted,
/s/Logan Trombley
Logan Trombely (0096858)
Warner Mendenhall, 0070165
Law Offices of Warner Mendenhall
190 N. Union St., Suite 201
Akron, OH 44304
(330) 535-9160; fax (330) 762-9743
warner@warnermendenhall.com
logan@warnermendenhall.com
1
Sandra Kurt, Summit County Clerk of Courts
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CERTIFICATE OF SERVICE
I hereby certify that on December 19, 2019, the foregoing was filed via the Summit County
Clerk of Court’s eFile system, which shall send notifications of this filing to the following:
David Honig
Brian D. Bremer
Assistant Directors of Law
161 S. High St., Suite 202
Akron, Ohio 44308
(330) 375-2030: (330) 375-2041 (fax)
dhonig@akronohio.gov
bbremer@akronohio.gov
/s/Logan Trombley
Logan Trombely (0096858)
2
Sandra Kurt, Summit County Clerk of Courts
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1 of 4
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IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
NORDONIA LANDSCAPE SUPPLIERS, LLC ) CASE NO. CV 2019-01-0254
)
Plaintiff, )
) JUDGE BAKER ROSS
vs. )
) ORDER
CITY OF AKRON, OHIO )
)
Defendant. )
This matter is before the Court on November 26, 2019 upon Plaintiff’s Motion to Dismiss the
Breach of Contract claim with prejudice pursuant to 41(A)(2). The complaint in this matter was filed on
January 21, 2019 seeking damages from the City of Akron for an alleged breach of contract and on the
theory of promissory estoppel. On March 15, 2019, the City of Akron filed its answer in response to the
complaint. Defendant City of Akron then filed a Motion for Judgment on the Pleadings on May 22,
2019 seeking dismissal based upon governmental immunity pursuant to R.C. 2744. The Court granted
Plaintiff an extension of time to respond to said motion. On June 17, 2019, Plaintiff filed its Brief in
Opposition to Defendant’s Motion for Judgment on the Pleadings. On June 17, 2019, Defendant also
filed a Civ.R. 41(A)(1) Notice of Partial Voluntary Dismissal dismissing its breach of contract claim
without prejudice.
On July 11, 2019, the Court found the promissory estoppel claim against the City of Akron was
precluded. The Court incorporates its July 11, 2019 opinion into this Order. On August 9, 2019,
Plaintiff filed a Notice of Appeal. On October 28, 2019, the Ninth District Court of Appeals denied the
appeal on the grounds the July 11, 2019 order was not an appealable final order, because Civ.R.
41(A)(1) cannot be used to dismiss fewer than all claims against a particular defendant. Since any
attempt to do so is a nullity, Plaintiff’s breach of contract claim remains pending. On October 31, 2019,
Plaintiff filed a Civ.R. 41(A)(2) motion to dismiss the breach of contract claim with prejudice.
3
Sandra Kurt, Summit County Clerk of Courts
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The Court hereby GRANTS Plaintiff’s Civ.R. 41(A)(2) motion to dismiss the breach of contract
claim with prejudice. At this time, all claims are resolved by the Court.
With both claims disposed on the merits with prejudice, this is a final appealable order.
IT IS SO ORDERED.
JUDGE SUSAN BAKER ROSS
The Clerk of the Summit County Common Pleas Court shall serve upon all parties not in default for
failure to appear a notice of this Judgment and its date of entry upon the journal.
CC: ATTORNEY WARNER MENDENHALL
ATTORNEY LOGAN TROMBLEY
ATTORNEY DAVID HONIG
ATTORNEY BRIAN D. BREMER
4
Sandra Kurt, Summit County Clerk of Courts
Preview
CV-2019-01-0254 BAKER ROSS, SUSAN 12/19/2019 17:24:29 PM NNOP Page 1 of 4 CA-29618 Appeals, Court of 12/19/2019 17:24:29 PM NOAP Page 1 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO NORDONIA LANDSCAPE SUPPLIERS, LLC ) CASE NO. CV 2019-01-0254 ) Plaintiff – Appellant, ) ) JUDGE BAKER ROSS vs. ) ) NOTICE OF APPEAL CITY OF AKRON, OHIO ) ) Defendant - Appellee. ) Now come Nordonia Landscape Suppliers, LLC, through counsel, who appeal the Judgment Entry of this Court issued November 26, 2019 attached hereto. Respectfully Submitted, /s/Logan Trombley Logan Trombely (0096858) Warner Mendenhall, 0070165 Law Offices of Warner Mendenhall 190 N. Union St., Suite 201 Akron, OH 44304 (330) 535-9160; fax (330) 762-9743 warner@warnermendenhall.com logan@warnermendenhall.com 1 Sandra Kurt, Summit County Clerk of Courts CV-2019-01-0254 BAKER ROSS, SUSAN 12/19/2019 17:24:29 PM NNOP Page 2 of 4 CA-29618 Appeals, Court of 12/19/2019 17:24:29 PM NOAP Page 2 of 4 CERTIFICATE OF SERVICE I hereby certify that on December 19, 2019, the foregoing was filed via the Summit County Clerk of Court’s eFile system, which shall send notifications of this filing to the following: David Honig Brian D. Bremer Assistant Directors of Law 161 S. High St., Suite 202 Akron, Ohio 44308 (330) 375-2030: (330) 375-2041 (fax) dhonig@akronohio.gov bbremer@akronohio.gov /s/Logan Trombley Logan Trombely (0096858) 2 Sandra Kurt, Summit County Clerk of Courts CV-2019-01-0254 BAKER ROSS, SUSAN 11/26/2019 17:24:29 12/19/2019 10:15:39 PM AM NNOP ORD-DISM Page 3 1 of 4 2 CA-29618 Appeals, Court of 12/19/2019 17:24:29 PM NOAP Page 3 of 4 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO NORDONIA LANDSCAPE SUPPLIERS, LLC ) CASE NO. CV 2019-01-0254 ) Plaintiff, ) ) JUDGE BAKER ROSS vs. ) ) ORDER CITY OF AKRON, OHIO ) ) Defendant. ) This matter is before the Court on November 26, 2019 upon Plaintiff’s Motion to Dismiss the Breach of Contract claim with prejudice pursuant to 41(A)(2). The complaint in this matter was filed on January 21, 2019 seeking damages from the City of Akron for an alleged breach of contract and on the theory of promissory estoppel. On March 15, 2019, the City of Akron filed its answer in response to the complaint. Defendant City of Akron then filed a Motion for Judgment on the Pleadings on May 22, 2019 seeking dismissal based upon governmental immunity pursuant to R.C. 2744. The Court granted Plaintiff an extension of time to respond to said motion. On June 17, 2019, Plaintiff filed its Brief in Opposition to Defendant’s Motion for Judgment on the Pleadings. On June 17, 2019, Defendant also filed a Civ.R. 41(A)(1) Notice of Partial Voluntary Dismissal dismissing its breach of contract claim without prejudice. On July 11, 2019, the Court found the promissory estoppel claim against the City of Akron was precluded. The Court incorporates its July 11, 2019 opinion into this Order. On August 9, 2019, Plaintiff filed a Notice of Appeal. On October 28, 2019, the Ninth District Court of Appeals denied the appeal on the grounds the July 11, 2019 order was not an appealable final order, because Civ.R. 41(A)(1) cannot be used to dismiss fewer than all claims against a particular defendant. Since any attempt to do so is a nullity, Plaintiff’s breach of contract claim remains pending. On October 31, 2019, Plaintiff filed a Civ.R. 41(A)(2) motion to dismiss the breach of contract claim with prejudice. 3 Sandra Kurt, Summit County Clerk of Courts CV-2019-01-0254 BAKER ROSS, SUSAN 11/26/2019 17:24:29 12/19/2019 10:15:39 PM AM NNOP ORD-DISM Page 4 2 of 4 2 CA-29618 Appeals, Court of 12/19/2019 17:24:29 PM NOAP Page 4 of 4 The Court hereby GRANTS Plaintiff’s Civ.R. 41(A)(2) motion to dismiss the breach of contract claim with prejudice. At this time, all claims are resolved by the Court. With both claims disposed on the merits with prejudice, this is a final appealable order. IT IS SO ORDERED. JUDGE SUSAN BAKER ROSS The Clerk of the Summit County Common Pleas Court shall serve upon all parties not in default for failure to appear a notice of this Judgment and its date of entry upon the journal. CC: ATTORNEY WARNER MENDENHALL ATTORNEY LOGAN TROMBLEY ATTORNEY DAVID HONIG ATTORNEY BRIAN D. BREMER 4 Sandra Kurt, Summit County Clerk of Courts