TORRES v. SEARS

No. 39936.

68 Ohio App. 2d 87 (1980)

TORRES ET AL., APPELLANTS, v. SEARS, ROEBUCK & COMPANY ET AL., APPELLEES.

Court of Appeals of Ohio, Cuyahoga County.

Decided March 13, 1980.


Attorney(s) appearing for the Case

Mr. Vincent F. Gonzalez, for appellants.

Messrs. Baker & Hostetler and Mr. Robert K. Lease, for appellee Sears, Roebuck & Company.

Messrs. Arter & Hadden and Mr. Curtiss L. Isler, for appellee Otis Elevator Company.


PARRINO, C. J.

This is an appeal from a judgment of the Court of Common Pleas of Cuyahoga County which entered a nunc pro tunc order dismissing plaintiffs-appellants' complaint.

The issue in this appeal is whether the trial court could properly enter a nunc pro tunc order reflecting actions which it intended to make but which it had not actually made. We conclude that the trial court erred in entering such an order. Therefore we reverse.

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