State ex rel. Mosier Industrial Services Corp. v. Industrial Commission

Ohio Supreme Court

State ex rel. Mosier Industrial Services Corp. v. Industrial Commission

117 Ohio St. 3d 1201

Ohio Supreme Court·Decided January 30, 2008·No. No. 2006-1889·Published

Opinion

{¶ 1} Appellant has filed a motion to dismiss, asserting that the claimant in this matter died of non-work-related injuries prior to the issuance of both the magistrate’s decision and court of appeals’ opinion in the court below. Appellant further asserts that as a result, this matter is moot in this court and, moreover, the matter had become moot before the court of appeals’ opinion was issued below, thereby rendering the court of appeals’ opinion advisory.

{¶ 2} Upon consideration of appellant’s motion to dismiss, the motion is granted. This appeal is dismissed, and the cause is remanded to the court of appeals with instructions to vacate its decision.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

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{¶ 1} Appellant has filed a motion to dismiss, asserting that the claimant in this matter died of non-work-related injuries prior to the issuance of both the magistrate’s decision and court of appeals’ opinion in the court below. Appellant further asserts that as a result, this matter is moot in this court and, moreover, the matter had become moot before the court of appeals’ opinion was issued below, thereby rendering the court of appeals’ opinion advisory.

{¶ 2} Upon consideration of appellant’s motion to dismiss, the motion is granted. This appeal is dismissed, and the cause is remanded to the court of appeals with instructions to vacate its decision.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.

State ex rel. Mosier Industrial Services Corp. v. Industrial Commission, 117 Ohio St. 3d 1201 (Ohio 2008).

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117 Ohio St. 3d 1201 (State ex rel. Mosier Industrial Services Corp. v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.