Narrative Opinion Summary
The appeal is dismissed without prejudice, based on the precedent set in Olympic Steel, Inc. v. Cuyahoga County Board of Revision. The motion to dismiss filed by the appellee, the Board of Education of the Olentangy Local School District, is deemed moot. The appellant is represented by Wayne E. Petkovic, while the appellee is represented by Rich, Crites, Dittmer, L.L.C. and Mark H. Gillis. Chief Justice Moyer and Justices Resnick, Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger concur with the decision.
Legal Issues Addressed
Dismissal of Appeal Without Prejudicesubscribe to see similar legal issues
Application: The court dismissed the appeal without prejudice following the precedent established in a prior case.
Reasoning: The appeal is dismissed without prejudice, based on the precedent set in Olympic Steel, Inc. v. Cuyahoga County Board of Revision.
Judicial Concurrencesubscribe to see similar legal issues
Application: The decision to dismiss the appeal was concurred by the Chief Justice and all Justices listed, indicating unanimous agreement with the decision.
Reasoning: Chief Justice Moyer and Justices Resnick, Lundberg Stratton, O’Connor, O’Donnell, and Lanzinger concur with the decision.
Mootness of Motion to Dismisssubscribe to see similar legal issues
Application: The appellee's motion to dismiss is considered moot because the appeal itself has been dismissed.
Reasoning: The motion to dismiss filed by the appellee, the Board of Education of the Olentangy Local School District, is deemed moot.