Opinion

Cleveland Mobile Radio Sales v. Verizon, Unpublished Decision (10-13-2005)

  • 2005 Ohio 5439
Court
Ohio Court of Appeals
Filed
Oct 13, 2005
Status
Unpublished
On the bench
COLLEEN CONWAY COONEY, P.J.:
Cited by
3 cases
Authority
More cited than 42.9%

The opinion

{¶ 18} Although I concur with the majority opinion's disposition of this appeal, I write separately, both to acknowledge and to lend a cautionary note to the sentiments embodied in Judge Gallagher's concurring and dissenting opinion.

{¶ 19} As the writer of the appellate opinion in Rosette v. Countrywide Home Loans, Inc., Cuyahoga App. No. 82938, 2004-Ohio-359 , which was overruled by the Ohio Supreme Court in Rosette v. Countrywide Home Loans, Inc., 105 Ohio St.3d 296 , 2005-Ohio-1736 , I sympathize with his position; members of this court, myself included, however, are constrained to follow the supreme court's precedent until such time as it may directly consider the matter of whether in R.C. 4905.61 , the legislature's intent was that the word "treble" is a misplaced "modifier" of the word "damages."

{¶ 20} I therefore concur with the majority opinion.

CONCURRING AND DISSENTING OPINION

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.