State ex rel. Ballard v. O'Donnell

Alice Robie Resnick,

J dissenting. The majority opinion, in effect, directly controls the discretionary act of the trial judge. This is impermissible pursuant to R.C. 2731.03. I strongly disagree with the majority when it causes a discretionary decision of the trial judge to be set aside and orders the trial court to enter the judgment which the majority thinks should have been entered.

In this case relator filed a motion for relief from judgment on August 25, 1988. However, the record before us is sparse and confusing. If this motion was not ruled upon by the trial court, *185then I would agree…