Laguta v. Serieko, 549 N.E.2d 216 (Ohio Ct. App. 1988). · Go Syfert
Laguta v. Serieko, 549 N.E.2d 216 (Ohio Ct. App. 1988). Cases Citing This Book View Copy Cite
42 citation events (31 in the last 25 years) across 2 distinct courts.
Strongest positive: Lindsey v. Lindsey (ohioctapp, 2015-09-22)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Lindsey v. Lindsey (2×) also: Cited "see, e.g."
Ohio Ct. App. · 2015 · confidence medium
No. 14AP- 151, 2014-Ohio-2798, ¶ 8 , citing Laguta v. Serieko, 48 Ohio App.3d 266, 267 (9th Dist.1988).
discussed Cited as authority (rule) M.C. v. S.L.
Ohio Ct. App. · 2014 · confidence medium
Laguta v. Serieko, 48 Ohio App.3d 266, 267 (9th Dist.1988), citing Poole v. Lambert, 819 F.2d 1025 (11th Cir.1987); Palmer v. Decatur, 814 F.2d 426 (7th Cir.1987); Reynolds v. Foree, 771 F.2d 1179 (8th Cir.1985); Sisk v. United States, 756 F.2d 497 (7th Cir.1985); Holt v. Pitts, 619 F.2d 558 (6th Cir.1980); Heidelberg v. Hammer, 577 F.2d 429 (7th Cir.1978).
cited Cited as authority (rule) Jones v. Roberts
Ohio Ct. App. · 2014 · confidence medium
Laguta v. Serieko, 48 Ohio App.3d 266, 267 (9th Dist.1988) (no abuse of discretion when trial court dismissed unrepresented inmate's complaint without prejudice).
discussed Cited as authority (rule) Graham v. Audio Clinic, Unpublished Decision (3-14-2005)
Ohio Ct. App. · 2005 · confidence medium
Id., at 267 . 4 We find that the trial court made the necessary considerations prior to dismissing Graham's complaint with prejudice and affirm the judgment of the trial court. {¶ 34} As stated by the Court in Laguta , "[i]f the risks and expense involved in transporting the prisoner to the courthouse are prohibitive," a trial court may consider, but is not required to implement, other alternatives to dismissal with prejudice, including: * * * a bench trial in the prison, trial by depositions, appointment of pro bono counsel to assist the plaintiff, postponement of proceeding if the plaintiff…
discussed Cited as authority (rule) Freeman v. Kimble-Freeman, Unpublished Decision (11-29-2001)
Ohio Ct. App. · 2001 · confidence medium
Upon the filing of the affidavit, the clerk shall cause service of notice to be made by posting in a conspicuous place in the courthouse or courthouses in which the general and domestic relations divisions of the court of common pleas for the county are located and in two additional public places in the county that have been designated by local rule for the posting of notices pursuant to this rule. * * *. 2 See Meros v. Meros, 1997 Ohio App. LEXIS 2113 (May 15, 1997), Cuyahoga App. No. 71162, unreported. 3 Nakoff v. Fairview General Hospital (1996), 75 Ohio St.3d 254 , 256-257 , 662 N.E.2d 1 ,…
cited Cited "see" Smiley v. Prison Official, Inc.
Ohio Ct. App. · 2014 · signal: see · confidence high
See Laguta v. Serieko, 48 Ohio App.3d 266, 267 , 549 N.E2d 216 (9th Dist.1988); Hughley v. Cintron, 8th Dist.
discussed Cited "see" Penland v. Cincinnati Police Chief, Unpublished Decision (11-28-2001) (2×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See Laguta v. Seriko (1988), 48 Ohio App.3d 266 , 549 N.E.2d 216 .
discussed Cited "see" Elkins v. Elkins, Unpublished Decision (1-4-1999) (2×)
Ohio Ct. App. · 1999 · signal: see · confidence high
See Laguta v. Serieko (1988), 48 Ohio App.3d 266 .
discussed Cited "see, e.g." Hise v. Laiviera (2×)
Oh. Ct. App. 7th Dist. Monroe · 2018 · signal: see also · confidence low
See also Shepard Grain Co. v. Creager , 160 Ohio App.3d 377 , 2005-Ohio-1717 , 827 N.E.2d 392 , ¶ 18, 22 (2d Dist.) (reversing for a new hearing in a civil suit seeking $1,200 in funds stolen by an inmate, opining "a trial court should consider innovative, alternative ways for the prisoner to participate in the action, such as telephone conference calls * * * especially if the prisoner suggests an alternative means for participation"), citing Laguta v. Serieko , 48 Ohio App.3d 266 , 267, 549 N.E.2d 216 (9th Dist.1988) and Elkins v. Elkins , 4th Dist.
Retrieving the full opinion text from the archive…
Laguta, Appellant,
v.
Serieko, D.B.A. Phoenix Auto Sales, Appellee
13443.
Ohio Court of Appeals.
Jun 8, 1988.
549 N.E.2d 216
1988 Ohio App. LEXIS 2243
George A. Laguta, pro se. James M. Gatskie, for appellee.
Quillin, Baird, George.
Cited by 19 opinions  |  Published
Quillin, J.

Plaintiff-appellant, George Laguta, an inmate at the Marion Correctional Institution, acting pro se, sued defendant-appellee, John Serieko, for breach of an alleged partnership agreement. The trial court notified Laguta that a pretrial hearing, in accordance with Loe. R. 8 of the Court of Common Pleas of Summit County, General Division, would be held in eleven days and that “[f]ailure to attend the pretrial conference may result in sanctions being imposed, including adverse judgment for failure to prosecute or defend.” Laguta filed an affidavit of indigency and a motion to be transported to the courthouse for the pretrial conference. As expected, Laguta failed to appear at the pretrial conference and the court dismissed his action with prejudice for failure to prosecute. Civ. R. 41(B)(1). Laguta appeals.

On appeal, Laguta contests the trial court’s dismissal with prejudice for failure to prosecute. We hold that the trial court abused its discretion in imposing the severest of all sanctions, dismissal with prejudice, without first considering other alternatives which would lead to a resolution on the merits.

It is within the inherent powers of the court to dismiss an action sua sponte for failure to prosecute. Link v. Wabash RR. Co. (1962), 370 U.S. 626. Pursuant to Civ. R. 41(B)(1), notice of the intended dismissal must be given to the plaintiff. Perotti v. Ferguson (1983), 7 Ohio St. 3d 1, 7 OBR 256, 454 N.E. 2d 951; Pembaur v. Leis (1982), 1 Ohio St. 3d 89, 1 OBR 125, 437 N.E. 2d 1199. Such notice permits the plaintiff an “opportunity to comply with the order, correct the defect, or proceed before dismissal * * Perotti, supra, at 3, 7 OBR at 257, 454 N.E. 2d at 952. Here, Laguta asked to be transported[*267] to the courthouse to comply with the notice.

In situations where, as here, the plaintiff is unrepresented by counsel and incarcerated, the federal courts have ruled that trial courts should pursue avenues other than dismissal for want of prosecution in order to ensure that those claims so deserving he adjudicated on their merits. Poole v. Lambert (C.A. 11, 1987), 819 F. 2d 1025; Palmer v. Decatur (C.A. 7, 1987), 814 F. 2d 426; Reynolds v. Foree (C.A. 8, 1985), 771 F. 2d 1179; Sisk v. United States (C.A. 7, 1985), 756 F. 2d 497; Holt v. Pitts (C.A. 6, 1980), 619 F. 2d 558; Heidelberg v. Hammer (C.A. 7, 1978), 577 F. 2d 429. If the risks and expense involved in transporting the prisoner to the courthouse are prohibitive, these courts have suggested a number of other alternatives to dismissal including a bench trial in the prison, trial by depositions, appointment of pro bono counsel to assist the plaintiff, postponement of proceeding if the plaintiffs release is imminent, or dismissal without prejudice leaving open the possibility of the plaintiffs refiling his case at a later date.

We too recognize that civil actions filed by pro se prisoners provide peculiar problems to our already overburdened trial courts. We therefore borrow from our federal counterpart in urging trial courts to be “imaginative and innovative” in dealing with such cases. Poole, supra, at 1029. It must always be kept in mind that the main objective of justice is to decide cases on their merits. See Perotti, supra, at 3-4, 7 OBR at 258, 454 N.E. 2d at 953 (C. Brown, J., concurring). Thus, the trial court must consider whether lesser sanctions would best serve this interest. Dukes v. Cole (1985), 23 Ohio App. 3d 65, 23 OBR 110, 491 N.E. 2d 374.

Upon receiving notice of the intended dismissal if he failed to appear at the pretrial conference, Laguta asked the trial court to transport him to the courthouse. The next communication Laguta received was a judgment entry informing him that his case was dismissed with prejudice. We hold that the trial court’s dismissal with prejudice of Laguta’s claim without first reviewing lesser sanctions and determining that their application would not further the interests of justice was an abuse of discretion.

We, therefore, reverse and remand for further proceedings.

Judgment reversed and cause remanded.

Baird, P.J., and George, J., concur.