Joyce v. Godale, Unpublished Decision (2-2-2007)

{¶ 34} I concur with the majority's well-reasoned analysis disposing of appellant's second and third assignments of error. However, I disagree with the majority's ruling on appellant's first assignment of error and respectfully dissent. The judgment of the Geauga County Court of Common Pleas granting summary judgment in favor of appellee should be affirmed.

{¶ 35} In the case sub judice, appellee instituted an action to have appellant declared a vexatious litigator. Under R.C. 2323.52(A)(3) a "vexatious litigator" is defined as "any person who has habitually, persistently, and without…