State v. Bates

MARY EILEEN KILBANE, P.J., DISSENTING:

*269{¶ 20} I respectfully dissent. I would affirm the trial court's order directing Specialty to return to Bates a portion of the bond premium that he paid to Specialty.

{¶ 21} The majority cites to a number of cases from other states in support of its conclusion that the trial court was without authority to order Specialty to refund the bond premium. While there is no case law in Ohio that is directly on point, I find guidance for this unique matter in State v. Munn , 5th Dist. Stark No. 2006CA00335, 2007-Ohio-4432, 2007 WL 2430091, where the bond agency…