Staples v. Ohio Civil Service Employees Ass'n
Staples v. Ohio Civil Service Employees Ass'n
Opinion of the Court
The joint motion of appellees and the Ohio Civil Service Employees Association/American Federation of State, County and Municipal Employees, Local 11, AFL-CIO, to dismiss this cause as moot is sustained and this cause (case No. 86AP-738 below) is dismissed.
Dissenting Opinion
dissenting. By dismissing this appeal as moot, this court not only squanders a perfect opportunity to announce a state-wide rule on a vital and urgent question of great public interest, but it also violates an established and recently reaffirmed principle of appellate review in this court. Therefore, I dissent.
I do not deny that the instant appeal is technically moot. However, this court has very recently held that “[although a case may be moot with respect to one of the litigants, this court may hear the appeal * * * where the matter appealed is one of great public or general interest. ” (Emphasis added.) Franchise Developers, Inc. v. Cincinnati (1987), 30 Ohio St. 3d 28, 30 OBR 33, 505 N.E. 2d 966, paragraph one of the syllabus. See, also, Wallace v. University Hospitals of Cleveland (1961), 171 Ohio St. 487, 14 O.O. 2d 383, 172 N.E. 2d 459; State, ex rel. Rudes, v. Rofkar (1984), 15 Ohio St. 3d 69, 15 OBR 163, 472 N.E. 2d 354.
That this case involves a question of great public or general interest was acknowledged by this court a mere three months ago by a unanimous vote when we granted appellants’ motion to certify the record. The issues presented by this appeal are unaffected by the intervening settlement of the parties. One may ask why this court, all of whose members so recently agreed that this case demands our attention, is now deciding to forgo resolving the issues merely because our decision on the merits would not affect the parties.
Reference
- Full Case Name
- Staples, Dir. v. Ohio Civil Service Employees Association/American Federation of State, County & Municipal Employees, Local 11, AFL-CIO
- Status
- Published