That period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. The journal entry indicates that the dismissal was without prejudice, but does not indicate that it was due to standing.No. 25.) Defendant did not file a Reply in Support of its Motion to Strike. Based on information gathered during the pendency of this matter, the State requests that this Honorable Court dismiss the case against Defendant, SYDNEY. Defendant concurs with the grounds for striking the language set forth in the memorandum in support of the Dottore Motion to Strike. Argument. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. KeyBank previously filed its own foreclosure action against Smith, which was dismissed without prejudice. See Cuyahoga C.P. CV-12-788102. Court of Appeals of Ohio,Eighth District, Cuyahoga County. The STATE of Ohio, Appellee, v.