Hopkins v. Dyer

{¶ 1} The single proposition of law before us states that an “intervening decision” by the Ohio Supreme Court “applies as an exception to the law of the case theory of practice and inferior courts are mandated to follow the Supreme Court’s decision.” This is, however, a longstanding statement of law. We have previously held that “[ajbsent extraordinary circumstances, such as an intervening decision by the Supreme Court, an inferior court has no discretion to disregard the mandate of a superior court in a prior appeal in the same case.” Nolan v. Nolan (1984), 11 Ohio St.3d 1, 11 OBR 1, 462…