Malone v. Summer & Co.

A motion to dismiss this appeal pending at the time of oral hearing was submitted for disposition along with the appeal upon the merits. Appellee, Summer & Co., predicates its motion to dismiss on a lack of jurisdiction in this court to hear “an appeal from a” case “that never existed.” The line of reasoning followed by counsel for the appellee needs examination, especially since counsel relies heavily upon Judge Guernsey’s decision in Roof v. National Surety Corp. (1952), 92 Ohio App. 295, in support of his position.

Counsel urges that Summer & Co. filed a motion to strike the pleadings from…