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Ohio Supreme Court, 1998

State ex rel. Davie v. Callahan

State ex rel. Davie v. Callahan
Ohio Supreme Court · Decided September 30, 1998 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
83 Ohio St. 3d 279; 699 N.E.2d 502

State ex rel. Davie v. Callahan

Opinion of the Court

The judgment of the court of appeals is affirmed; the cause is now moot.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. *280Cook and Lundberg Stratton, JJ., dissent.

Dissenting Opinion

Cook, J.,

dissenting. Mootness warrants dismissal of the appeal rather than affirmance of the judgment of the court of appeals. See, e.g., State ex rel. Santora v. Cuyahoga Cty. Bd. of Elections (1962), 174 Ohio St. 11, 21 O.O.2d 35, 185 N.E.2d 438.

Lundberg Stratton, J., concurs in the foregoing dissenting opinion.

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