Miller v. Sts. Peter and Paul School

I respectfully dissent from the opinion of the majority on two bases. First, I remain convinced that a motion for reconsideration is a nullity under Pitts v. Dept. of Transp. (1981), 67 Ohio St.2d 378, 380, 21 O.O.3d 238, 239, 423 N.E.2d 1105, 1107. Therefore, I would hold that the trial court erred in considering appellees’ motion for reconsideration.

Assuming arguendo that the court could have considered appellees’ motion for reconsideration, appellees failed to demonstrate the type of extraordinary circumstances that generally require granting relief under App.R. 26(A). In order for an…