Shaver v. Standard Oil Co.

This is an appeal of a judgment of the Huron County Court of Common Pleas which overruled plaintiff-appellant Kenneth J. Shaver's request for certification of his cause as a class action pursuant to Civ. R. 23. From that judgment, appellant filed a timely notice of appeal. He asserts one assignment of error consisting of several subparts.

"A TRIAL COURT ABUSES ITS DISCRETION BY 'DISMISSING' CLASS ACTION ALLEGATIONS IN A COMPLAINT WHERE THE RECORD ESTABLISHES THAT:

"(1) THE RULING WAS MADE BY A JUDGE NOT ASSIGNED TO THE CASE;

"(2) THE JUDGE RULED SUA SPONTE, WITHOUT NOTICE TO THE PARTIES THAT HE…