Buchanan v. Public Utilities Commission

Ohio Supreme Court

Buchanan v. Public Utilities Commission

224 N.E.2d 342, 9 Ohio St. 2d 155, 38 Ohio Op. 2d 375, 1967 Ohio LEXIS 436

CourtOhio Supreme Court

DecidedMarch 15, 1967

DocketNo. 40369

StatusPublished

Cited by1 cases

This text of 224 N.E.2d 342 (Buchanan v. Public Utilities Commission) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buchanan v. Public Utilities Commission, 224 N.E.2d 342, 9 Ohio St. 2d 155, 38 Ohio Op. 2d 375, 1967 Ohio LEXIS 436 (Ohio 1967).

Pincite

Opinion

Per Curiam.

There is no statute giving an applicant before the Public Utilities Commission a right to withdraw or dismiss his application. Although there is a statute authorizing dismissal of a Common Pleas Court action without prejudice, that statute permits such dismissal only “before final submission” of the action to the trier of the facts. Section 2323.05(A), Revised Code; Jacob Laub Baking Co. v. Middleton (1928), 118 Ohio St. 106.

The 60-day order of January 19 was a final appealable order. D. G. & U. Truck Lines, Inc., v. Public Utilities Commission (1953), 158 Ohio St. 564.

Appellant offered no reason for granting his motion to dismiss his application, which motion was made after the final order of January 19.

The order of the commission in refusing to permit appellant to withdraw his application or dismiss it is neither unreasonable nor unlawful and is therefore affirmed.

Order affirmed.

Taut, C. J., ZimmebmaN, Matthias, O’Neill, Hebbebt and SCHNEIDER, JJ., concur.

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