Legal Opinion · Dissent

George Shima Buick, Inc. v. Ferencak

Ohio Supreme Court

Decided February 7, 2001No. Nos. 00-203 and 00-550Published

1DissentCook, J.

Because the majority’s decision both rewrites statutory law and ignores decisional law, I respectfully dissent.

The majority states that “the judgment of the court of appeals is vacated for want of jurisdiction” because “[a] pleading was not served upon the Attorney General per Cicco.” Cicco, however, is wholly inapplicable to this case. The Cicco majority stated that “[t]he issue before us is what constitutes proper service upon the Attorney General for purposes of former R.C. 2721.12 in a declaratory judgment action.” (Emphasis added.) Cicco v. Stockmaster (2000), 89 Ohio St.3d 95, 97, 728…

2Cases cited9 opinions

  1. Cicco v. StockmasterOhio Supreme Court · 2000
  2. Canton v. Imperial Bowling Lanes, Inc.Ohio Supreme Court · 1968
  3. Malloy v. City of WestlakeOhio Supreme Court · 1977
  4. State Ex Rel. Williams v. GlanderOhio Supreme Court · 1947
  5. Lyons v. LyonsOhio Supreme Court · 1965

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