Saturday, August 1, 2020

Courts lack jurisdiction on merits if action is deemed dismissed under 12 OS 2004(I)

If an action is deemed dismissed without prejudice under 12 OS 2004(I) because (i) failure to serve within 180 days and (ii) failure to show good cause, then the District Court lacks jurisdiction to rule on the merits of the matter, such as whether it should be dismissed with prejudice based on a statute of limitations defense.