1994 OHIO 36 - Copeco, Inc. v. Caley

[This opinion has been published in Ohio Official Reports at

69 Ohio St.3d 79

.]




             COPECO, INC., APPELLEE, v. CALEY ET AL., APPELLANTS.
                   [Cite as Copeco, Inc. v. Caley,

1994-Ohio-36

.]
Appellate procedure—Supreme Court jurisdiction—Actual conflict between
        appellate districts on rule of law must exist before certification of conflict
        is proper—Journal entry certifying conflict must clearly set forth rule of law
        upon which alleged conflict exists.
       (No. 93-399—Submitted March 23, 1994—Decided April 27, 1994.)
        CERTIFIED by the Court of Appeals for Stark County, No. CA-8776.
                                  __________________
        Ronald G. Figler, for appellee.
        Keith R. Hofer and Don E. Lombardi, for appellants.
                                  __________________
        {¶ 1} This cause is before this court upon the certification of the Court of
Appeals for Stark County that its judgment conflicted with the judgment of the
Court of Appeals for Summit County in Prinz Office Equip. Co. v. Pesko (Jan. 31,
1990) Summit App. No. 14155, unreported,             WL     .
        {¶ 2} Having examined Prinz Office Equip. Co. and the record in the
present cause, we find that the judgments do not conflict. Furthermore, the court
of appeals in certifying the case did not clearly set forth the rule of law upon which
the alleged conflict exists. Accordingly, the appeal is dismissed. Whitelock v.
Gilbane Bldg. Co. (1993),

66 Ohio St.3d 594

613 N.E.2d 1032

; Freeman v. Holzer
Med. Ctr. (1993),

66 Ohio St.3d 601

613 N.E.2d 1037

; State v. Parobek (1990),

49 Ohio St.3d 61

550 N.E.2d 476

; State v. Radar (1989),

47 Ohio St.3d 112

548 N.E.2d 210

; Hays v. St. Elizabeth Hosp. Med. Ctr. (1988),

38 Ohio St.3d 60

526 N.E.2d 307

; Cook v. Mayfield (1988),

37 Ohio St.3d 44

523 N.E.2d 502

; State v.
Palider (1987),

33 Ohio St.3d 68

514 N.E.2d 873

.
                            SUPREME COURT OF OHIO




       MOYER, C.J., A.W. SWEENEY, DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY
and PFEIFER, JJ., concur.
                             __________________




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