State v. Herzing

The causes sub judice have been certified for disposition without the benefit of an appellate court review of the issue on the merits, i.e., whether the trial court acted properly in admitting the results of the intoxilyzer tests performed on both appellants.

In DeHart v. Aetna Life Ins. Co. (1982), 69 Ohio St. 2d 189 [23 O.O.3d 210], this court stated at 192:

“* * * [I]t is a fundamental tenet of judicial review in Ohio that courts should decide cases on the merits. See, e.g., Cobb v. Cobb (1980), 62 Ohio St. 2d 124 [16 0.0.3d 145]. Judicial discretion must be carefully — and cautiously —…