State ex rel. Wallace v. Tyack

In case No. 83-1101, Judge Tyack argues that the court of appeals erroneously allowed the writ to compel him to proceed to trial in the Court of Claims. We agree with Judge Tyack’s arguments challenging the basis for that decision. First, the court of appeals erroneously determined that the stay issued in the Court of Claims deprived Dr. Wallace of raising potential collateral estoppel or res judicata defenses. These defenses require an identity of parties and an identity of issues. State, ex rel. Westchester, v. Bacon (1980), 61 Ohio St. 2d 42 [15 O.O.3d 53]. The parties are not the same in…