Legal Opinion · Concurring in the judgment

Gregory v. Flowers

Ohio Supreme Court

Decided November 29, 1972No. 71-782Published

1Concurring in the judgmentLeach, J.

Here, as contrasted with Cochran v. Flowers, post, 32 Ohio St. 2d 61, and with Payne v. Keller (1969), 18 Ohio App. 2d 66 (affirmed by this court without opinion, October 1, 1969), the application for modification was filed subsequent to the amendment of R. C. 4123.84, effective December 11, 1967.

I agree that under the holdings of Kittle v. Keller (1967), 9 Ohio St. 2d 177, and Payne, supra, the right to a possible increase in compensation is a substantive right, subject to the provisions of Section 28, Article II of the Ohio Constitution prohibiting the enactment of “retroactive laws.”

A…

2Cases cited4 opinions

  1. Smith v. New York Central Rd.Ohio Supreme Court · 1930
  2. Kittle v. KellerOhio Supreme Court · 1967
  3. Payne v. KellerOhio Court of Appeals · 1969
  4. Cochran v. FlowersOhio Supreme Court · 1972

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