Opinion

State v. Demido

  • 35 Ohio App. 2d 9
  • 64 Ohio Op. 2d 139
  • 298 N.E.2d 909
  • 1973 Ohio App. LEXIS 840
Court
Ohio Court of Appeals
Filed
Apr 10, 1973
Status
Published
Author
Holmes
On the bench
Whiteside, Troop, Holmes
Cited by
0 cases

The opinion

Holmes, J.,

concurring. What may have been intended by the drafters of the language of the sections of law and regulations involved in this appeal, and the reasonable interpretation of such regulations and statutes, are seriously apart one from the other.

I must, with regret, concur with the majority herein, but in so doing I feel compelled to comment, as I did recently regarding the sections of law dealing with podiatry and podiatrists, that such laws appear to be in utter chaos

*15

producing results never intended by the General Assembly or the Ohio medical board.

But, yet, such sections must be interpreted as they are presently constituted. The courts may not rewrite such sections of law to suit their own attitudes or positions as to what should be the extent of the professional jurisdiction of each of these practitioners.

This is, of course, within the province of the legislature — not the courts.

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.

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