Tschantz v. Ferguson

Appellant, Thomas E. Ferguson, contends that R.C. 2743.02 (F) mandated dismissal of the action in the court of common pleas due to a failure of jurisdiction.

Appellee, Elizabeth Tschantz, responds threefold. First, due to the decision of the Court of Claims, this case is moot; second, R.C. 2743.02(F) cannot be retroactively applied to a suit filed before its enactment; and third, *133the stay of proceedings in the court of common pleas complies with R.C. 2743.02(F).

We agree with appellee’s first proposition. This case was rendered moot by the decision in the Court of Claims denying immunity and…