Opinion

L.A. & D., Inc. v. Board of Lake County Commissioners

67 Ohio St. 2d 384
21 Ohio Op. 3d 242
423 N.E.2d 1109
1981 Ohio LEXIS 594

Court: Ohio Supreme Court
Filed: Jul 29, 1981
Status: Published
Author: Brown
On the bench: Brown, Celebrezze, Fourth, Holmes, Locher, Stephenson, Sweeney
Cited by: 36 cases
Authority: More cited than 15.1%

The opinion

Clifford F. Brown, J.,

concurring. It is my view also that a motion for new trial attacking the granting of a summary judgment is a nullity, and therefore does not toll the time for filing the notice of appeal from the summary judgment. This is consistent with the rationale of our decisions in Pitts v. Dept. of Transportation (1981), 67 Ohio St. 2d 378 ; William W. Bond, Jr. and Assoc. v. Airway Development Corp. (1978), 54 Ohio St. 2d 363 ; and Kauder v. Kauder (1974), 38 Ohio St. 2d 265 . See, generally, 4 Ohio Jurisprudence 3d 406, Appellate Review, Section 203.

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