# State ex rel. Board of State Teachers Retirement System v. Davis

> Ohio Supreme Court · May 23, 2007 · 113 Ohio St. 3d 410

URL: https://www.frixlaw.com/law-library/cases/6790455

## Case

- **Full name:** The State ex rel. Board of State Teachers Retirement System of Ohio v. Davis, Judge
- **Court:** Ohio Supreme Court
- **Decided:** May 23, 2007
- **Citations:** 113 Ohio St. 3d 410; 865 N.E.2d 1289
- **Precedential status:** Published
- **Opinion:** Concurrence by Stratton
- **Judges:** Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
- **Cited by:** 32 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/6790455

## Opinion text

Lundberg Stratton, J.,
concurring.
{¶ 52} Although I concur in the opinion of the majority, I write separately to acknowledge that Judge Davis has complied with the order of the court of appeals in that he has ordered a retrial of the issues before a visiting judge.
{¶ 53} However, that fact does not moot this case, as the underlying issue is whether a writ of procedendo was the appropriate legal vehicle by which to challenge the issue of requiring a retrial. Our opinion resolves that legal issue in affirming that a writ of procedendo was the appropriate remedy here. The remaining issues may now proceed to a retrial. Because the legal issue was not mooted by the judge’s compliance, I concur.
O’Donnell, J., concurs in the foregoing opinion.
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Christian J. Schaefer and Colleen McCarren, Assistant Prosecuting Attorneys, for appellant Judge David P. Davis.
Roetzel & Andress, L.P.A., Ronald S. Kopp, and Stephen W. Funk, for appellants Medco Health Solutions, Inc. and affiliated companies, and Merck & Co., Inc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6790455. Public record. Not legal advice.