# Davis v. Marion County Engineer

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

URL: https://www.frixlaw.com/law-library/cases/6763426

## 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:** Dissent by Holmes
- **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/6763426

## 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

Holmes, J.,
dissenting. I have no specific objection to the law pronounced by the majority in its syllabus; it is only to its application to the facts here that I object. As noted by Justice Wright in his dissent, the facts presented here clearly show that the public employer initiated an affirmative action which was obviously known to this public employee, i.e., that the tender of resignation of the public employee had been accepted by the public employer.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6763426. Public record. Not legal advice.