# Cleveland Mobile Radio Sales v. Verizon, Unpublished Decision (10-13-2005)

> Ohio Court of Appeals · October 13, 2005 · 2005 Ohio 5439

URL: https://www.frixlaw.com/law-library/cases/3715243

## Case

- **Full name:** Cleveland Mobile Radio Sales, Inc. v. Verizon Wireless
- **Court:** Ohio Court of Appeals
- **Decided:** October 13, 2005
- **Citations:** 2005 Ohio 5439
- **Precedential status:** Unpublished
- **Opinion:** Concurrence
- **Judges:** COLLEEN CONWAY COONEY, P.J.:
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3715243

## Opinion text

{¶ 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3715243. Public record. Not legal advice.