Legal Opinion

State ex rel. Add Venture, Inc. v. Gillie

Ohio Supreme Court

Decided May 14, 1980No. 79-1335PublishedCited by 4 opinions

1Per curiam

Relators assert that Civ. R. 52 gives them the right to demand, and the court the duty to state, separate *165findings of fact and conclusions of law in issuing a preliminary injunction. Relators rely in part upon Fed. R. Civ. P. 52 and federal cases decided thereunder. Such reliance is misplaced.

Civ. R. 52 by its terms concerns “judgments.” A preliminary injunction is not a judgment. Moreover, Fed. R. Civ. P. 52 contains the following language: “* * *[I]n granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which…

2Cases cited3 opinions

  1. State ex rel. Northern Ohio Telephone Co. v. WinterOhio Supreme Court · 1970
  2. Jones v. First National Bank of BellaireOhio Supreme Court · 1931
  3. Forest Hills Utility Co. v. WhitmanOhio Supreme Court · 1975

3Cited by4 opinions

  1. Department of Administrative Services v. State Employment Relations BoardOhio Supreme Court · 1990
  2. State ex rel. Tilford v. CrushOhio Supreme Court · 1988
  3. State ex rel. Pearson v. MooreOhio Supreme Court · 1990
  4. Kalk v. Village of WoodmereOhio Court of Appeals · 1985

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