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Ohio Academy of Nursing Homes, Inc., Appellee, v. Barry, Director, et al., Appellants. [Cite as Ohio Academy of Nursing Homes, Inc. v. Barry (1994), Ohio St.3d .] Appellate procedure -- Court of appeals judgment affirmed when issue presented in appeal has been decided in the previous appeal of the cause. (No. 93-1411 -- Submitted October 12, 1994 -- Decided November 16, 1994.) Appeal from the Court of Appeals for Franklin County, No. 92AP-1266.

Geoffrey E. Webster; Terry Tataru Co., L.P.A., and Terry Tataru, for appellee. Lee Fisher, Attorney General; Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., Paul S. Lefkowitz, Kenneth F. Seminatore and Jack D. Maistros, for appellants. Peter E. Van Runkle, urging affirmance for amicus curiae, Ohio Health Care Association.

The judgment of the court of appeals is affirmed. The issue presented in this appeal has been decided in the previous appeal of this cause, Ohio Academy of Nursing Homes, Inc. v. Barry (1990), 56 Ohio St.3d 120, 564 N.E.2d 686. See, also, Ohio Hosp. Assn. v. Ohio Dept. of Human Serv. (1991), 62 Ohio St.3d 97, 579 N.E.2d 695. Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and Pfeifer, JJ., concur. F.E. Sweeney, J., dissents and would reverse the court of appeals.