Ohio Supreme Court, 1983

Toledo Edison Co. v. Public Utilities Commission

Ohio Supreme Court · Decided May 19, 1983 · Brown, Celebrezze, Holmes, Locher, Sweeney

5 Ohio St. 3d 95; 449 N.E.2d 428; 5 Ohio B. 175; 1983 Ohio LEXIS 714

Cases that cite this one

2 later published cases cite this decision.

Senior Citizens Coalition v. Public Utilities Commission (Ohio 1988)
City of Cincinnati v. Public Utilities Commission (Ohio 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

“An appeal from the Public Utilities Commission to the Supreme Court is predicated upon the finality of the order. * * *” Hall China Co. v. Pub. Util. Comm. (1977), 50 Ohio St. 2d 206, 209 [4 O.O.3d 390]. In Hall China, we held that a commission order is not final and appealable where the matter is still pending before the commission on rehearing. Id. at 210. To hold otherwise would be inconsistent with this court’s repeatedly pronounced disfavor of piecemeal appeals. See Ashtabula v. Pub. Util. Comm. (1942), 139 Ohio St. 213 [22 O.O. 11]; Co-operative Legislative Comm. of Transp. Brotherhoods v. Pub. Util. Comm. (1948), 150 Ohio St. 277 [37 O.O. 501]; and Canton v. Pub. Util. Comm. (1963), 174 Ohio St. 373 [22 O.O.2d 422].

The appeal herein, having been taken from a non-final order, is hereby sua sponte dismissed.

Appeal dismissed.

Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes, C. Brown and J.P. Celebrezze, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.