Legal Opinion · Dissent

Holden v. Ohio Bureau of Motor Vehicles

Ohio Court of Appeals

Decided May 2, 1990No. 89CA004569Published

1DissentQuillin, J.

Because I believe the state has no right of appeal, I respectfully dissent.

When a special provision in a remedial law is inconsistent with the general provisions of sections of the Revised Code relating to procedure on appeal, the special provision will govern. See R.C. 1.12. While R.C. 2505.03 sets forth the general of appellate jurisdiction, R.C. 2335.39 specifically provides the procedure by which an appeal may be taken in an action to recover attorney's fees from the state Thus, an appeal from such an action must be taken as R.C. 2335.39 prescribes and only by those parties authorized by…

2Cases cited2 opinions

  1. In Re Highland Holiday SubdivisionOhio Court of Appeals · 1971
  2. Gregg v. MitchellOhio Court of Appeals · 1955

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