# Toledo Edison Co. v. Public Utilities Commission

> Ohio Supreme Court · May 19, 1983 · 5 Ohio St. 3d 95

URL: https://www.frixlaw.com/law-library/cases/6757967

## Case

- **Full name:** The Toledo Edison Co. v. Public Utilities Commission of Ohio
- **Court:** Ohio Supreme Court
- **Decided:** May 19, 1983
- **Citations:** 5 Ohio St. 3d 95; 5 Ohio B. 175; 449 N.E.2d 428; 1983 Ohio LEXIS 714
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 2 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/6757967

## Opinion text

Per Curiam.
“An appeal from the Public Utilities Commission to the Supreme Court is predicated upon the finality of the order. * * *” Hall China Co. v. Pub. Util. Comm. (1977), 50 Ohio St. 2d 206, 209 [ 4 O.O.3d 390 ]. In Hall China, we held that a commission order is not final and appealable where the matter is still pending before the commission on rehearing. Id. at 210 . To hold otherwise would be inconsistent with this court’s repeatedly pronounced disfavor of piecemeal appeals. See Ashtabula v. Pub. Util. Comm. (1942), 139 Ohio St. 213 [ 22 O.O. 11 ]; Co-operative Legislative Comm. of Transp. Brotherhoods v. Pub. Util. Comm. (1948), 150 Ohio St. 277 [ 37 O.O. 501 ]; and Canton v. Pub. Util. Comm. (1963), 174 Ohio St. 373 [ 22 O.O.2d 422 ].
The appeal herein, having been taken from a non-final order, is hereby sua sponte dismissed.
Appeal dismissed.
Celebrezze, C.J., W. Brown, Sweeney, Locher, Holmes, C. Brown and J.P. Celebrezze, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757967. Public record. Not legal advice.