Matrka v. Stephens

The majority opinion is predicated in large measure in reliance upon the language in the opinion of Chef Italiano Corp. v. Kent State Univ. (1989), 44 Ohio St.3d 86, 541 N.E.2d 64. Only two justices of the Supreme Court concurred in the opinion of Chef Italiano, although two others did concur in the syllabus and judgment. One of the two justices who concurred in the opinion, Justice H. Brown, begins his concurrence with the statement that“I agree with the analysis set forth by Chief Justice Moyer in his dissent and do not believe that this appeal should have been dismissed for want of a final…