
    The State ex rel. DeDonno, Appellant, v. Mason, Judge, Appellee.
    [Cite as State ex rel. DeDonno v. Mason, 128 Ohio St.3d 412, 2011-Ohio-1445.]
    (No. 2010-1903
    Submitted March 23, 2011
    Decided March 31, 2011.)
    Gregory Smith DeDonno, pro se.
    William D. Mason, Cuyahoga County Prosecuting Attorney, and Charles E. Hannan, Assistant Prosecuting Attorney, for appellee.
   Per Curiam.

{¶ 1} We affirm the judgment of the court of appeals denying appellant Gregory Smith DeDonno’s request for a writ of mandamus to compel appellee, Cuyahoga County Court of Common Pleas Judge Lance T. Mason, to issue a final, appealable order in a civil case instituted by DeDonno.

{¶ 2} Judge Mason acted within his discretion to dismiss the case because of DeDonno’s failure to comply with a court order. See Civ.R. 41(B)(1). The action was dismissed without prejudice, which, by rule, is not a final, appealable order. See Civ.R. 41(B)(3). “Ordinarily, a dismissal ‘other than on the merits’ does not prevent a party from refiling and, therefore, ordinarily, such a dismissal is not a final, appealable order.” Natl. City Commercial Capital Corp. v. AAAA At Your Service, Inc., 114 Ohio St.3d 82, 2007-Ohio-2942, 868 N.E.2d 663, ¶ 8. Extraordinary relief in mandamus is thus not available.

Judgment affirmed.

O’Connor, C.J., and Pfeifer, Lundberg Stratton, O’Donnell, Lanzinger, Cupp, and McGee Brown, JJ., concur.  