# State ex rel. Ohio Roundtable, Inc. v. Taft

> Ohio Supreme Court · September 17, 1996 · 76 Ohio St. 3d 643

URL: https://www.frixlaw.com/law-library/cases/6774576

## Case

- **Full name:** The State ex rel. Ohio Roundtable, Inc. v. Taft, Chairman of the Ohio Ballot Board and Secretary of State
- **Court:** Ohio Supreme Court
- **Decided:** September 17, 1996
- **Citations:** 76 Ohio St. 3d 643; 670 N.E.2d 231; 1996 Ohio LEXIS 1211
- **Precedential status:** Published
- **Opinion:** Dissent by Douglas
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 3 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/6774576

## Opinion text

Douglas, J.,
dissenting. I respectfully dissent. S.Ct.Prac.R. X(2) provides, in part, that “[a]ll original actions shall proceed under the Ohio Rules of Civil Procedure, unless clearly inapplicable.” In computing time for filing a pleading, Civ.R. 6(A) provides, in part, that “[t]he last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.”
*645 The issue upon which the majority decides this case is one of procedure — not substance. The various rules of court govern procedure. The majority’s citation of State ex rel. Huebner v. W. Jefferson Village Council (1995), 75 Ohio St.3d 381 , 662 N.E.2d 339 , is not on point. The last day for relators to have filed within the provision cited by the majority was Labor Day. R.C. 1.14(F) provides for “[t]he first Monday in September” (Labor Day) to be a legal holiday. Therefore, relator’s complaint should not be dismissed on this ground.
Accordingly, I respectfully dissent.
Stratton, J., concurs in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6774576. Public record. Not legal advice.