Warren Plaza Co. v. Giant Eagle, Inc.
Cases that cite this one
3 later published cases cite this decision.
- GMS Management Co. v. Pick-N-Pay Supermarkets, Inc. (Ohio Ct. App. 1991)
- Cairelli v. Brunner (Ohio Ct. App. 2016)
- Ohio Service Grp. v. Integrated Open, Unpublished Decision (12-19-2006) (Ohio Ct. App. 2006)
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
The appeal is dismissed as moot.
Concurring Opinion
concurring. I concur in the court’s dismissal entry. However, I disagree as to the reasons for dismissal. This case may be factually moot, but I believe the issues it presents are capable of repetition, yet evading review.
Nonetheless I must concur in the dismissal entry because we lack jurisdiction to decide the case. Civ.R. 65(B)(2) allows a trial court to consolidate a preliminary injunction hearing with a trial on the merits. Here, the court of appeals held that the trial court consolidated without sufficient notice to all parties. The entire case was remanded for a hearing on the merits. Appellant did not timely appeal this ruling, and therefore the case is not properly before us.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.