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BERNBAUM v. SILVERSTEIN

No. 80-2.

62 Ohio St. 2d 445 (1980)

BERNBAUM ET AL., APPELLEES, v. SILVERSTEIN ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Messrs. Paxton & Seasongood and Mr. Gerald W. Simmons, for appellants Silverstein et al.

Messrs. Murphey, Young & Smith and Mr. David J. Young, for appellant Grauer.

Messrs. Lane, Alton & Horst, Mr. Jack R. Alton, Messrs. Jenner & Block, Mr. J. Stephen Walker and Mr. Eugene R. Wedoff, for appellees.

SWEENEY, J.

The sole issue herein is whether an order overruling a motion to disqualify counsel is a final order, subject to appeal under Section 3(B)(2), Article IV of the Ohio Constitution.1 As it pertains to this cause, R. C. 2505.02 defines a final order as "* * * an order affecting a substantial right made in a special proceeding * * *." (Emphasis added.) Resolution of this matter depends on whether the instant order was one...

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