State ex rel. Baran v. Fuerst

Baran contends that the court of appeals erred in dismissing his complaint. For the reasons that follow, we agree.

Baran first argues that the judgment entered below is invalid because only two judges disposed of the motion to dismiss. He maintains that pursuant to R.C. 2501.012(A), three judges must decide a case. In part, this statute provides that “[i]n the eighth district, any three judges shall comprise the court of appeals in the hearing and disposition of cases * * *.” See, also, Section 3(A), Article IV of the Ohio Constitution, which provides, in part, that “* * * [i]n districts…