MOSS v. ULMER

No. 86-125.

27 Ohio St. 3d 37 (1986)

MOSS ET AL., APPELLEES, v. ULMER, D.B.A. LOU ULMER REALTY ET AL. SANTER, SUPT., APPELLANT.

Supreme Court of Ohio.

Decided November 26, 1986.


Attorney(s) appearing for the Case

Schulman & Schulman and John Meros, for appellees.

Anthony J. Celebrezze, Jr., attorney general, James E. Musurca and Phillip L. Hack, for appellant.


Per Curiam.

The sole issue raised in this appeal is whether appellees may recover punitive damages from the special account under that version of R.C. 4735.12 which was in effect on February 1, 1984 (see 140 Ohio Laws, Part II, 2872, 3093-3094, as amended July 1, 1983). R.C. 4735.12 provided:

"(B) When any person, except a bonding company when it is not a principal in a real estate transaction and except a person in an action for the payment of a commission...

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