Ex Rel. Richter v. State Medical Bd. of Ohio, 07ap-927 (5-22-2008)

{¶ 12} I respectfully disagree with the majority's decision not to address the merits of appellant's appeal. I agree that appellant's assignment of error does not specifically assign as error the trial court's conclusion that the state was substantially justified in initiating the matter in controversy and, instead, assigns error only as to whether the court erred when it found special circumstances that preclude an award of attorney fees. However, appellant raised the issue of substantial justification as an issue presented for our review and argued the merits of the issue within his brief.

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