Legal Opinion

In re Special Docket No. 73958

Ohio Supreme Court

Decided October 11, 2007No. 2006-1279PublishedCited by 11 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} The central issue presented for our consideration is whether the court of appeals correctly dismissed, for lack of a final, appealable order, an appeal from a finding by the trial court, rendered pursuant to R.C. 2307.93(A)(3), on the constitutionality of retroactively applying certain statutory provisions enacted by 2004 Am.Sub.H.B. No. 292. For the reasons that follow, we hold that such a finding is a provisional remedy pursuant to R.C. 2505.02(A)(3), that the order of the trial court determined the action and prevented a judgment with respect to the provisional remedy, and that the…

2Cases cited5 opinions

  1. General Accident Insurance v. Insurance Co. of North AmericaOhio Supreme Court · 1989
  2. State v. MuncieOhio Supreme Court · 2001
  3. Gehm v. Timberline Post & FrameOhio Supreme Court · 2007
  4. State v. UpshawOhio Supreme Court · 2006
  5. Swearingen v. Waste Technologies IndustriesOhio Court of Appeals · 1999

3Cited by11 opinions

  1. Preterm-Cleveland v. YostOhio Court of Appeals · 2022
  2. Empower Aviation, L.L.C. v. Butler County Board of CommissionersOhio Court of Appeals · 2009
  3. Fields v. CSX Transportation, Inc.Ohio Court of Appeals · 2011
  4. Whipkey v. Aqua-Chem, Inc.Ohio Court of Appeals · 2012
  5. England v. 116 W. Main, L.L.C.Ohio Court of Appeals · 2023

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