Rockey v. 84 Lumber Co.

Francis E. Sweeney, Sr., J.

*223I

Rockey v. 84 Lumber Co.

Case No. 91-2001

We cannot address the issue of the trial court’s application of R.C. 2309.01 to this cause without initially addressing the arguments raised by amici curiae that R.C. 2309.01 is invalid and of no force and effect by virtue of Section 5(B), Article IV of the Ohio Constitution, for being in direct conflict with Civ.R. 8(A). For the following reasons, we hold that R.C. 2309.01 is in conflict with Civ.R. 8(A) and is invalid and of no force and effect;

R.C. 2309.01 states, in pertinent part:

“(B)(1) Subject to division (B)(2) of this…