# Davis v. Marion County Engineer

> Ohio Supreme Court · May 29, 1991 · 60 Ohio St. 3d 53

URL: https://www.frixlaw.com/law-library/cases/6763425

## Case

- **Full name:** Davis v. Marion County Engineer
- **Court:** Ohio Supreme Court
- **Decided:** May 29, 1991
- **Citations:** 60 Ohio St. 3d 53; 573 N.E.2d 51; 1991 Ohio LEXIS 1180
- **Precedential status:** Published
- **Opinion:** Concurring in part by Moyer
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 17 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/6763425

## How later opinions describe it (automated extraction)

- holding that (1) public employee may rescind or withdraw tender of resignation prior to effective date, so long as public employer has not formally accepted such tender and (2) acceptance occurs where public employer initiates some type of affirmative action, preferably in wri…

## Opinion text

Moyer, C.J.,
concurring in part and dissenting in part. I concur in the syllabus. However, I dissent from the majority’s application of the syllabus to the facts of this case. The conduct of appellee, the Marion County Engineer, upon being advised by appellant that he was resigning from his job constitutes “[acceptance of a tender of resignation from public employment” because the engineer took the affirmative action of urging appellant to carefully consider his decision, requested appellant’s recommendations for his replacement, and interviewed nine persons to fill the vacancy created by appellant’s resignation. It appears that that conduct occurred before appellant changed his mind and advised appellee that he wished to keep his job.
Because I believe the conduct of appellee “clearly indicate[d] to the * * * [appellant] that the tender of resignation * * * [was] accepted,” I would affirm the judgment of the court of appeals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6763425. Public record. Not legal advice.