In my cause, about 50 days after it was filed, I motioned to voluntarily dismiss a party.
The next day a motion for protective order was filed against us, so as not to contact the public agency who was dismissed. I made the mistake of thinking my Ohio 41(a) motion to dismiss w/o prejudice as of right would automatically dismiss this Defendant and the motion for protective order was moot.
I received an order from the court on Friday stating that the motion for protective order was granted. All until further ordered.
I'm surprised, most case law says that the court had lost jurisdiction as soon as I filed the motion to dismiss.
My thoughts as to possible hangups as to why their motion would have still netted them the order:
1. Jurisdiction was retained by the court because the case involves an important matter of public policy (health department). If not, then:
2. I used a motion instead of a notice, implying that I was asking permission rather than asserting my right to dismiss. Or:
3. Never responded to their motion, believing it would be a useless gesture.
4. The defendant's attorney misrepresented material facts in his motion (knew I should have responded no matter what..rookie mistake)
Any feedback is greatly appreciated.
Best regards.