Volume 176 — Ohio State Reports, Third Series

Workers' compensation—Total-temporary-disability compensation—R.C. 4123.511(K) requires Bureau of Workers' Compensation to recoup overpayment of total-temporary-disability compensation paid to an injured worker between time injured worker reached maximum medical improvement and date of termination of total-temporary-disability compensation—Court of appeals' judgment denying writ of mandamus affirmed—State ex rel. Russell v. Indus. Comm. overruled.

Mandamus—Procedendo—Relator sought extraordinary writ to compel trial-court judge to issue judgment of conviction that constitutes a final, appealable order—Relator had adequate remedy in ordinary course of law—Court of appeals' judgment dismissing complaint affirmed—Motion to declare relator a vexatious litigator denied.

Mandamus—Rules of Superintendence for the Courts of Ohio—Writ sought to compel clerk of courts of Cleveland Municipal Court to produce records related to prosecution of records requester's criminal case—Court of appeals' denial of writ affirmed.

Mandamus—Relator's public-records request did not identify with reasonable clarity the records he was seeking from county prosecutor's office—Writ and request for statutory damages and court costs denied.

Mandamus—Public-records requests—Relator neither contends that any documents he requested remain outstanding nor challenges validity of redactions made to them—Determination of statutory damages, court costs, and sanctions deferred pending review in camera of original documents that prosecutor's office received from relator—Writ denied as moot.

Subject-matter jurisdiction—Affirmative defenses—Discretionary immunity—R.C. 2743.02—R.C. 2743.03—Under R.C. Chapter 2743, Court of Claims has subject-matter jurisdiction to hear suits brought against the state when the state has waived its sovereign immunity—The state has not waived its sovereign immunity when it acts pursuant to its highly discretionary legislative, judicial, executive, or planning functions—Discretionary immunity is a jurisdictional bar, not an affirmative defense, to suits brought against the state in Court of Claims—Court of appeals' judgment reversed and cause remanded to court of appeals.

Public utilities—Electric-distribution rates—R.C. 4903.09—R.C. 4909.15—Findings of fact in Public Utilities Commission's orders regarding electric-distribution utility's application for distribution-rate increase were supported by evidence of record as required by R.C. 4903.09, and commission complied with R.C. 4909.15 by finding that the electric-distribution rates were just and reasonable—Orders affirmed.

Civil procedure—Service of process—Gliozzo v. Univ. Urologists of Cleveland, Inc. reaffirmed—Appellee properly raised and preserved his affirmative defense of insufficiency of service of process, and appellee's active participation in the litigation of the case did not constitute waiver of that defense—Court of appeals' judgment affirming trial court's award of summary judgment to appellee and appellee's employer for lack of proper service affirmed.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct, including failing to act with reasonable diligence in representing a client, failing to deposit advance legal fees and expenses into a client trust account, and engaging in conduct prejudicial to the administration of justice—Two-year suspension and restitution ordered.

Mandamus—Inmate failed to state a mandamus claim because he had or has adequate remedy in ordinary course of law—Court of appeals' judgment dismissing complaint affirmed.

Attorneys—Character and fitness—Applications to register as candidate for admission to practice of law in Ohio and as candidate to take July 2024 Ohio bar exam—Past criminal conduct—Applicant has established present character, fitness, and moral qualifications by clear and convincing evidence—Applications approved.

Mandamus—School district records commission provided evidence showing that it has produced all documents in its possession that are responsive to relator's public-records request, and relator has not provided evidence showing otherwise—Writ denied as moot and requests for statutory damages, attorney fees, and costs denied.

Habeas corpus—Appellant had adequate remedy in ordinary course of law and petition therefore fails to state valid claim for habeas relief—Court of appeals' dismissal of petition affirmed.

Criminal law—Warrantless seizure—Fourth Amendment to United States Constitution—A passenger who has alighted from a parked vehicle may be detained by law-enforcement officers under Fourth Amendment as part of an investigatory stop of vehicle's driver long enough to allow officers to dispel any reasonable, articulable suspicion of criminal activity officers had for initiating the stop, and detention of the passenger may continue as facts evolve during encounter that give officers reasonable suspicion to believe the passenger was involved in other criminal activity—Judgment affirmed.