Nokes v. Nokes

Because I do not agree that retroactive application of R. C. 3109.01 violates Section 28, Article EE of the Ohio Constitution, I must respectfully dissent from the judgment rendered herein.

Section 28, Article II of the Ohio Constitution provides, in pertinent part: “The General Assembly shall have no power to pass retroactive laws * * V’

In Gregory v. Flowers (1972), 32 Ohio St. 2d 48, the court held that the prohibition contained in Section 28, *10Article II, applies only to laws affecting substantive rights.

Thus, the ultimate issue presented by this appeal is whether either the right to child…