State ex rel. Market/Media Research, Inc. v. Cuyahoga Cty. Court of Appeals

Ohio Supreme Court
State ex rel. Market/Media Research, Inc. v. Cuyahoga Cty. Court of Appeals, 1995 Ohio 113 (Ohio 1995)
72 Ohio St. 3d 1209

State ex rel. Market/Media Research, Inc. v. Cuyahoga Cty. Court of Appeals

Opinion

[This opinion has been published in Ohio Official Reports at 72 Ohio St.3d 1209.]

THE STATE EX REL. MARKET/MEDIA RESEARCH, INC. v. CUYAHOGA COUNTY COURT OF APPEALS ET AL. [Cite as State ex rel. Market/Media Research, Inc. v. Cuyahoga Cty. Court of Appeals, 1995-Ohio-113.] Motion to dismiss granted. (No. 94-1997—Submitted March 7, 1995—Decided May 3, 1995.) IN MANDAMUS. ON MOTION to Dismiss or Alternatively for Summary Judgment. __________________ Snyder, Neff & Chamberlin and Owen Calvin Neff, for relator. Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Carol Shockley and Gregory B. Rowinski, Assistant Prosecuting Attorneys, for respondents Cuyahoga County Court of Appeals and Cuyahoga County Court of Common Pleas. __________________ {¶ 1} On motion to dismiss or alternatively for summary judgment. Motion to dismiss granted. Cause dismissed. MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. __________________ COOK J., concurring. {¶ 2} Given that all of the issues raised in this extraordinary action were either raised or could have been raised in relator's discretionary appeal to this court from the appellate judgment, and that relator had no good ground to support a jurisdictional issue, I would not only dismiss the complaint, but also award, as attorney fees, $500 to the respondents. SUPREME COURT OF OHIO

WRIGHT, J., concurs in the foregoing concurring opinion. __________________

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Reference

Status
Published
Syllabus
Motion to dismiss granted.