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Brown v. Professional Transportation12/1/2005
arty is so negligent, irresponsible, contumacious or dilatory as to provide substantial grounds for a dismissal with prejudice for a failure to prosecute or obey a court order." Tolkes & Son, Inc. v. Midwestern Indemn. Co., supra.
{ } It is clear from the language of the appellant's complaint, as well as her failure to comply with the requirements of Civ.R. 8(A) and the court ordered filing deadlines, that her actions warranted dismissal for want of prosecution. The appellant's disregard for the time lines and procedures of the court was irresponsible and served as substantial grounds for dismissal for failure to obey a court order.
{ } In accordance with Civ.R. 41(B)(1), as well as the holding of the Ohio Supreme Court in Tolkes, the trial court did not abuse its discretion in dismissing the appellant's complaint.
The appellant failed to comply with the mandates of the court, and, as a result, her case was dismissed; therefore, the trial court's actions were neither unreasonable, arbitrary nor unconscionable. The appellant's second assignment of error is without merit.
Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
FRANK D. CELEBREZZE, JR. PRESIDING JUDGE
ANTHONY O. CALABRESE, JR., J., AND MICHAEL J. CORRIGAN, J., CONCUR.
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