Narrative Opinion Summary
A conflict has been identified regarding the case Franklin App. No. 99AP-1332, with the court ordering parties to brief the issue specified in the Court of Appeals’ Journal Entry dated August 3, 2000. The court sustained the motion to certify that its judgment is in conflict with the Court of Appeals for Jefferson County in the case Hultberg v. Ohio Edison Co., 1996. The key issue for review is whether Kristie Smith, the plaintiff-appellant, was barred from filing her complaint with the trial court under R.C. 4112.99 due to her prior filing of an administrative claim under R.C. 4112.05. The case has been consolidated with 00-1456, Smith v. Friendship Village of Dublin, Ohio, Inc., and Justice Pfeifer dissented on all matters. The record is certified to the Supreme Court of Ohio for final review and determination as per Section 3(B)(4), Article IV of the Ohio Constitution.
Legal Issues Addressed
Bar to Filing Complaint Under R.C. 4112.99subscribe to see similar legal issues
Application: The court is set to review whether the plaintiff-appellant Kristie Smith was prevented from filing her complaint in the trial court due to a prior administrative claim filed under a different statutory provision.
Reasoning: The key issue for review is whether Kristie Smith, the plaintiff-appellant, was barred from filing her complaint with the trial court under R.C. 4112.99 due to her prior filing of an administrative claim under R.C. 4112.05.
Certification of Conflict in Appellate Decisionssubscribe to see similar legal issues
Application: The court has determined that its judgment conflicts with a previous decision made by the Court of Appeals for Jefferson County, necessitating further review.
Reasoning: The court sustained the motion to certify that its judgment is in conflict with the Court of Appeals for Jefferson County in the case Hultberg v. Ohio Edison Co., 1996.
Certification to Supreme Court for Final Determinationsubscribe to see similar legal issues
Application: The case record has been certified to the Supreme Court of Ohio for a final decision as per the constitutional provision.
Reasoning: The record is certified to the Supreme Court of Ohio for final review and determination as per Section 3(B)(4), Article IV of the Ohio Constitution.
Consolidation of Related Casessubscribe to see similar legal issues
Application: This case has been combined with another related case for review and determination by the Supreme Court of Ohio.
Reasoning: The case has been consolidated with 00-1456, Smith v. Friendship Village of Dublin, Ohio, Inc.
Dissent in Judicial Decisionsubscribe to see similar legal issues
Application: Justice Pfeifer expressed dissent regarding the matters under consideration in the case.
Reasoning: Justice Pfeifer dissented on all matters.