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Smith v. Jaggers

292 N.E.2d 641, 33 Ohio St. 2d 1, 62 Ohio Op. 2d 168, 1973 Ohio LEXIS 395
CourtOhio Supreme Court
DecidedFebruary 7, 1973
DocketNo. 72-795
StatusPublished
Cited by7 cases

This text of 292 N.E.2d 641 (Smith v. Jaggers) 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
Smith v. Jaggers, 292 N.E.2d 641, 33 Ohio St. 2d 1, 62 Ohio Op. 2d 168, 1973 Ohio LEXIS 395 (Ohio 1973).

Opinion

Per Curiam.

The merits of the controversy between plaintiffs and defendant are not now before this court.

App. R. 12(A) provides, in pertinent part: “* * * All errors assigned and briefed [in the Court of Appeals] shall be passed upon by the court in writing, stating the reasons for the court’s decision.”

Here, the Court of Appeals failed to comply with the provisions of App. R. 12(A), even after being specifically requested to state in writing its reasons for overruling appellant’s assignments of error.

The motion to certify the record is, therefore, allowed.

Our jurisdiction in this ease, however, may be limited by Section 2(B)(2)(d) of Article IV of the Constitution to “affirm, modify or reverse the judgment of the Court.of Appeals.” For that reason,,the judgment of the Court-of Appeals is-rever sedj and-the cause is remanded to [3]*3that court for compliance with the provision of App. R. 12(A) that all errors assigned and briefed be passed upon by the Court of Appeals in writing, stating the reasons for that court’s decision.

Judgment reversed and cause remanded.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
292 N.E.2d 641, 33 Ohio St. 2d 1, 62 Ohio Op. 2d 168, 1973 Ohio LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-jaggers-ohio-1973.