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STATE EX REL. ADD VENTURE, INC. v. GILLIE

No. 79-1335.

62 Ohio St. 2d 164 (1980)

THE STATE, EX REL. ADD VENTURE, INC., ET AL., v. GILLIE, JUDGE, ET AL.

Supreme Court of Ohio.

Decided May 14, 1980.

Attorney(s) appearing for the Case

Messrs. Jones, Campbell & Hadden and Mr. E. Bruce Hadden, for relators Add Venture, Inc., Zoo Amusement Park, Inc., and Donald and Joyce Mains.

Mr. John A. Yakelvich, for relator Patrick J. Mollica.

Messrs. Isaac, Graham & Nester and Mr. Sole M. Isaac, for respondent E. C. Redman.

Mr. George C. Smith, prosecuting attorney, and Mr. James R. Kirk, for respondent judge.

Per Curiam.

Relators assert that Civ. R. 52 gives them the right to demand, and the court the duty to state, separate findings of fact and conclusions of law in issuing a preliminary injunction. Relators rely in part upon Fed. R. Civ. P. 52 and federal cases decided thereunder. Such reliance is misplaced.

Civ. R. 52 by its terms concerns "judgments." A preliminary injunction is not a judgment. Moreover...

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