Fondessy v. Simon (Slip Opinion)

{¶ 2} I respectfully dissent from the decision to dismiss this appeal as having been improvidently certified. Courts of appeals have issued conflicting judgments on whether R.C. 2903.211(A)(1) requires an alleged stalking victim to show actual mental distress or whether it is sufficient that the alleged victim show only that he or she believes that the alleged stalker will cause him or her mental distress. Therefore, I would address the merits of the appeal.

Background

{¶ 3} Appellee, Dorothy Fondessy (“Fondessy”), and her husband, Wayne, live on North Genoa-Clay Center Road in Ottawa County.…