Legal Opinion · Dissent

Cox v. Dayton Pub. Schools Bd. of Edn. (Slip Opinion)

Ohio Supreme Court

Decided August 25, 2016No. 2015-0494Published

1DissentO’Connor, C.J.

{¶ 25} I agree with the majority that by its plain terms, R.C. 2711.13 requires that notice of a motion to vacate, modify, or correct an award be “served upon the adverse party or his attorney within three months after the award is delivered.” Further, I agree that pursuant to Civ.R. 5(B)(2)(c), service is accomplished at the time a document is mailed via U.S. mail to the last known address of the party or the party’s attorney. However, I disagree with the majority’s conclusion that appellee, Georgia Cox, timely served her notice of a motion to vacate, modify, or *306correct an arbitration award,…

2Cases cited13 opinions

  1. Sabouri v. Ohio Department of Job & Family ServicesOhio Court of Appeals · 2001
  2. State ex rel. Fuller v. MengelOhio Supreme Court · 2003
  3. In re Application of Black Fork Wind Energy, L.L.C.Ohio Supreme Court · 2013
  4. State Ex Rel. Leon v. Cuyahoga County Court of Common PleasOhio Supreme Court · 2009
  5. Erwin v. BryanOhio Supreme Court · 2010

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