HAWKINS v. MARION CORRECTIONAL INSTITUTE

No. 86-85.

28 Ohio St. 3d 4 (1986)

HAWKINS, APPELLEE, v. MARION CORRECTIONAL INSTITUTE, APPELLANT.

Supreme Court of Ohio.

Decided December 5, 1986.


Attorney(s) appearing for the Case

Kirschner, Weinberg & Dempsey, Craig Becker and Daniel Smith, for appellee.

Anthony J. Celebrezze, Jr., attorney general, John E. Breen and Simon B. Karas, for appellant.


Per Curiam.

The propriety of the court of appeals' sua sponte dismissal of appellant's appeal is now before this court. We must also determine whether the court of appeals abused its discretion in overruling appellant's motion for reconsideration and the motion for leave of court to file its brief instanter.

In truth, this case should not now be before us. Even assuming arguendo that appellant filed its brief one day late, if the court...

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