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101 Ohio St. 3d 1484

Gilbert v. Summit Cty.

Ohio Supreme Court

Decided March 24, 2004

Ohio Supreme Court · decided 2004-03-24

Relies on 148 Ohio App. 3d 72 - State Ex Rel. Perrysburg Township v. City of Rossford

Decided 2004-03-24

¶1Summit App. No. 21521, 2003-Ohio-6012. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals’ Journal Entry filed December 11, 2003:

¶2“Whether a civil litigant may obtain relevant materials from the opposing party via R.C. 149.43, rather than … civil discovery, during the pendency of their case?”

F.E. Sweeney, J., dissents.Resnick, J., not participating.

¶3The conflict case is State ex rel. Perrysburg Twp. v. Rossford, 148 Ohio App.3d 72, 2002-Ohio-387, 772 N.E.2d 152.

¶4Sua sponte, cause consolidated with 2003-2198, Gilbert v. Summit Cty., Summit App. No. 21521, 2003-Ohio-6012.

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